Robert E. Dunham - Page 19

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          paid as estimated tax, the addition is automatically imposed                
          unless the taxpayer proves that a statutory exception applies.              
          Sec. 6654; Habersham-Bey v. Commissioner, 78 T.C. 304, 319-320              
          (1982).  Petitioner has not proven that an exception applies and            
          is liable for the section 6654 addition to tax in each of the               
          years in issue.                                                             
               Respondent has moved that we impose a penalty on petitioner            
          under section 6673.  Section 6673(a)(1) authorizes the Court to             
          require a taxpayer to pay the United States a penalty not                   
          exceeding $25,000 when the taxpayer institutes or maintains a               
          proceeding primarily for delay or where the taxpayer’s position             
          is frivolous or groundless.  Petitioner knew that this Court has            
          held the tax protester arguments that he was asserting to be                
          frivolous.  Nevertheless, petitioner continually asserted the tax           
          protester arguments in his petition and other pleadings,                    
          responses to respondent's discovery requests, requests for                  
          discovery from respondent, and testimony at trial.  Petitioner              
          did not cooperate with respondent during audit or the appeals               
          conference.                                                                 
               We find that petitioner maintained frivolous positions with            
          respect to his income tax liability and instituted and maintained           
          this proceeding primarily for delay.  Accordingly, we find that             
          petitioner's conduct justifies that award of damages.  In view of           
          the number of years in issue and the amount of unreported income,           





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