- 6 - (1980), and Steele v. Commissioner, T.C. Memo. 1997-307, as evidenced by his letter to petitioners of February 26, 1998, annexed as an exhibit to respondent's trial memorandum. In each of those cases, the Court imposed a penalty against the taxpayer under section 6673 because of the frivolousness of the taxpayer's arguments. That letter also notified petitioners that respondent intended to file a motion for a penalty under section 6673 “in an amount of at least $5,000.00, if you continue to assert your previously stated objections to paying taxes” because “As you can see by reading these cases, your objections to paying taxes are clearly frivolous and, even more to the point, have been repeatedly rejected by the Courts.” At the hearing, the Court explained to petitioners that their position has no merit. The Court told petitioners that petitioner's letter of October 23, 1996, would not be treated as part of their return, but would be deemed a protest filed with the Appeals officer. Although the facts of the case had been fully stipulated, petitioners had a prepared statement that they wished to read into the record. The Court suggested that it would be more efficient to file the statement as a brief. The parties thereupon each moved for summary judgment, and respondent filed a written motion for a penalty under section 6673 “in an amount not less than $10,000”.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011