- 5 - taxpayers are not entitled to jury trial in the Tax Court. Nunley v. Commissioner, 758 F.2d 372 (9th Cir. 1985); Dawn v. Commissioner, 675 F.2d 1077 (9th Cir. 1982), affg. T.C. Memo. 1979-479; Swanson v. Commissioner, 65 T.C. 1180 (1976). Petitioner's contention that he was improperly denied a right to a jury trial in this Court lacks merit. As to respondent's oral motion for imposition of a penalty under section 6673, section 6673(a)(1) allows this Court to award a penalty not in excess of $25,000 when proceedings have been instituted or maintained primarily for delay, or where the taxpayer's position is frivolous or groundless if it is contrary to established law and unsupported by a reasoned, colorable argument for a change in the law. Coleman v. Commissioner, 791 F.2d 68, 71 (7th Cir. 1986); Kish v. Commissioner, T.C. Memo. 1998-16; Talmage v. Commissioner, T.C. Memo. 1996-114, affd. without published opinion 101 F.3d 695 (4th Cir. 1996). In our opinion, such is the case here, and we believe that a penalty is appropriate. The position argued by petitioner is frivolous and wholly without merit. We will require petitioner to pay a $500 penalty under section 6673(a). To reflect the foregoing, An appropriate order and decision will be entered.Page: Previous 1 2 3 4 5
Last modified: May 25, 2011