David White - Page 9

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               Consistent with Parker, we hold that petitioner has failed              
          to state a claim upon which relief may be granted.  In short,                
          petitioner's assertion that respondent erred in relying on                   
          reports from third-party payors in determining the deficiencies              
          in dispute, standing alone, carries no weight.  Therefore, we                
          will grant respondent's motion to dismiss and enter a decision in            
          this case sustaining respondent's determinations as set forth in             
          the notice of deficiency issued to petitioner.  See Rules                    
          34(a)(1), 123(b); Scherping v. Commissioner, 747 F.2d 478 (8th               
          Cir. 1984).                                                                  
               Section 6673(a)(1) authorizes the Tax 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.  The circumstances here suggest that petitioner may              
          have instituted this proceeding primarily for purposes of delay.             
          However, we shall not now impose a penalty under section                     
          6673(a)(1).  Nonetheless we take this opportunity to admonish                
          petitioner that the Court shall strongly consider imposing such a            
          penalty if he returns to the Court and makes similar arguments in            
          the future.                                                                  
               To reflect the foregoing,                                               
                                                  An appropriate order and            
                                              decision will be entered.               




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