- 5 - simply stated, petitioner has not established a case nor has he submitted any evidence to refute respondent's determinations. Respondent, therefore is sustained as to the deficiencies in tax and the additions to tax. At trial, respondent orally moved for the award of a penalty under section 6673(a). The penalty under section 6673(a) is applicable whenever it appears to the Court that (A) proceedings before it have been instituted or maintained by the taxpayer primarily for delay, (B) the taxpayer's position in such proceeding is frivolous or groundless, or (C) the taxpayer unreasonably failed to pursue available administrative remedies. On this record, the Court concludes that this proceeding was instituted and maintained by petitioner primarily for delay, and that petitioner's position is frivolous and groundless. Under section 6673(a), the Court may require the taxpayer to pay to the United States a penalty not in excess of $25,000 in such circumstances. The Court holds that a penalty under section 6673(a) is warranted in this case. Respondent's oral motion is granted, and the amount of that penalty will be $1,500. An appropriate order and decision will be entered for respondent.Page: Previous 1 2 3 4 5
Last modified: May 25, 2011