- 6 - i.e., $15,600.83, the amount allowed by respondent.4 Respondent, therefore, is sustained on this issue. Respondent requested that this Court impose against petitioner the penalty under section 6673(a)(1). As relevant herein, section 6673(a) authorizes this Court to require a taxpayer to pay to the United States a penalty not in excess of $25,000 whenever it appears that proceedings have been instituted or maintained by the taxpayer primarily for delay or that the taxpayer's position in such proceeding is frivolous or groundless. A petition to the Tax Court is frivolous "if it is contrary to established law and unsupported by a reasoned, colorable argument for change in the law". Coleman v. Commissioner, 791 F.2d 68, 71 (7th Cir. 1986). Petitioner's positions, with regard to his State income tax refund, consisted solely of stale and time worn tax protester rhetoric.5 Further, petitioner has repeatedly inundated this Court with an exorbitant amount of meandering and immaterial documents. Rather than attempting to 4 Respondent actually allowed a deduction of $15,600. The difference of $.83 is due to rounding. 5 For example, petitioner argued that an "Accord and Satisfaction" had been executed between petitioner and respondent and could not be violated; that the "black letter of the law" is not the only law applicable to Federal income tax returns; that the Internal Revenue Service has not incorporated by reference in the Federal Register a requirement to make an income tax return, etc.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011