- 6 - constitutes taxable income. Respondent’s determination on this issue is sustained. Respondent determined that petitioners are liable for accuracy-related penalties pursuant to section 6662(a) for negligence or disregard of rules or regulations.1 In their petition, petitioners assigned no error to that determination, nor did they assert either in their trial memorandum or at trial that the section 6662 penalties are in dispute. Petitioners failed to offer any evidence that their underpayments were not due to negligence or that they did not disregard rules or regulations. Respondent’s determination of penalties under section 6662(a) is sustained. The Tax Court is authorized under section 6673(a)(1) to require the taxpayer to pay to the United States a penalty not in excess of $25,000 when it appears to the Court that the taxpayer’s position in the proceeding is frivolous or groundless. Petitioners’ position, based on stale and meritless contentions, is manifestly frivolous and groundless, and their action has resulted in the waste of limited judicial and administrative resources. Previously, on its own motion, this Court has awarded damages to the United States under section 6673 where the taxpayer advanced frivolous and groundless contentions similar to 1 In the notices of deficiency for each of the years at issue, respondent determined that petitioners were liable for civil fraud penalties pursuant to sec. 6663, or in the alternative, accuracy-related penalties pursuant to sec. 6662. At trial, respondent abandoned the imposition of civil fraud penalties.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011