- 14 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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