Raymond O. Wright - Page 14

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          Commissioner, T.C. Memo. 1992-690, affd. without published                  
          opinion 19 F.3d 26 (9th Cir. 1994); Fambrough v. Commissioner,              
          T.C. Memo. 1990-104.  Accordingly, we sustain respondent's                  
          determination of the addition to tax for 1989.                              
          Section 6673 Penalty                                                        
               At trial, respondent filed a motion for a penalty under                
          section 6673 on the grounds that (i) petitioner's position in               
          these proceedings is frivolous or groundless; or (ii) petitioner            
          instituted or maintained the proceedings primarily for delay.               
          Though ultimately unavailing, we do not believe that petitioner's           
          position regarding his liability for self-employment taxes was              
          frivolous.  Some of the delay in these proceedings was due to               
          respondent's attempt to withhold documents from petitioner, a pro           
          se litigant, on privilege grounds where the Court's in camera               
          inspection revealed that the documents clearly contained                    
          nonprivileged matter.  This necessitated a delay in the                     
          proceedings to protect petitioner's rights.  Accordingly,                   
          respondent's motion is denied.                                              
               To reflect the foregoing and concessions,                              
                                             An appropriate order will                
                                        be issued denying respondent's                
                                        motion for a penalty, and decision            
                                        will be entered for respondent.               







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