Francis Z. Mischel - Page 14

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          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.                   












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