Rodney W. and Lynnell R. Frazier - Page 6




                                        - 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