Leon Albert Landry - Page 5

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            testified:  "I am not a citizen of the United States.  I am a                             
            citizen of New Hampshire.  Therefore, I do not * * * [have] to                            
            file a Federal United States Federal [sic] income tax [return]."                          
            We reject petitioner's contention and hold that petitioner is                             
            liable for the section 6651(a)(1) addition to tax.                                        
                  Finally, we consider whether petitioner has engaged in                              
            behavior that warrants the imposition of a penalty pursuant to                            
            section 6673.  Section 6673(a)(1) authorizes this Court to                                
            penalize a taxpayer for taking frivolous positions or instituting                         
            proceedings primarily for delay.  At the outset of the trial, we                          
            warned petitioner that he would be subject to a penalty if he                             
            made frivolous contentions.  Nevertheless, he repeatedly asserted                         
            that: (1) He, "Leon Albert Landry", was not the "Leon Landry" in                          
            the notice of deficiency; (2) as a "citizen of New Hampshire", he                         
            was not required to file a Federal income tax return; and (3) the                         
            Internal Revenue Service "has not shown * * * [him] its lawful                            
            authority to act against him."  In addition, petitioner did not                           
            comply with our order to answer respondent's interrogatories.  He                         
            has wasted the time and resources of this Court.  Accordingly,                            
            this Court will impose a penalty of $5,000 against petitioner                             
            pursuant to section 6673.                                                                 
                  To reflect the foregoing,                                                           

                                                            Decision will be entered                  
                                                      for respondent.                                 





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