- 14 - delay or that the taxpayer's position in such proceeding is frivolous or groundless. Although it might seem odd to consider imposing a penalty under section 6673 when we have not sustained respondent's determination regarding the deficiency and addition to tax, we note the following: First, petitioner prevailed in this case only because the Court, not petitioner, raised the community property issue. Second, petitioner's interest in this case has been principally, if not exclusively, to pursue matters pertaining to prior taxable years that have absolutely no relevance to the taxable year in issue. The Form 1040A submitted by petitioner reflects a fanciful approach to her Federal income tax responsibilities, and the contentions made in support of that form are without merit. Notwithstanding the foregoing, we have decided not to exercise our discretion to impose a penalty under section 6673, in part because of our concern that petitioner may be acting at the misguided direction of Mr. Mischel. Nevertheless, petitioner should understand that persistence in this Court in pursuing the overpayment claimed in the Form 1040A in a subsequent case may result in the imposition of a penalty under section 6673.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011