Marko Porter - Page 7

                                        - 7 -                                         
          of the tax required to be shown on the return if the failure to             
          file is for not more than 1 month, with an additional 5 percent             
          for each additional month or fraction of a month during which the           
          failure to file continues, not to exceed a maximum of 25 percent.           
          Sec. 6651(a)(1).                                                            
               Based on the record, we find that petitioner has failed to             
          prove that his failure to file his returns was not due to willful           
          neglect or that such failure was due to reasonable cause.  We               
          therefore hold that petitioner is liable for the section                    
          6651(a)(1) additions to tax.                                                
               The fifth issue for decision is whether we should impose a             
          penalty on petitioner pursuant to section 6673(a).                          
               Whenever it appears to this Court that proceedings before it           
          have been instituted or maintained by the taxpayer primarily for            
          delay or the taxpayer's position in such proceeding is frivolous            
          or groundless, the Court, in its discretion, may require the                
          taxpayer to pay to the United States a penalty not in excess of             
          $25,000.  Sec. 6673(a)(1)(A) and (B).  A position maintained by a           
          taxpayer in the Tax Court is frivolous "if it is contrary to                
          established law and unsupported by a reasoned, colorable argument           
          for change in the law."  Coleman v. Commissioner, 791 F.2d 68, 71           
          (7th Cir. 1986).  A penalty may be properly imposed when the                
          taxpayer knew or should have known that his claim or argument was           
          frivolous.  Hansen v. Commissioner, 820 F.2d 1464, 1470 (9th Cir.           
          1987).                                                                      




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011