- 8 - By motion made at the conclusion of trial, respondent requests the Court to impose a penalty on petitioner under section 6673(a). Section 6673(a)(1) authorizes the Tax Court to require a taxpayer to pay a penalty not to exceed $25,000 if the proceedings have been instituted or maintained by the taxpayer primarily for delay or if the taxpayer's position in such proceeding is frivolous or groundless. Sec. 6673(a)(1)(A) and (B). A position maintained by the taxpayer is "frivolous" where 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). Petitioner's pretrial correspondence to respondent contained arguments that are typically deemed frivolous for purposes of section 6673(a). The objectionable arguments, however, are contained in documents introduced into evidence not by petitioner, but by respondent. Petitioner's position in this case focused almost entirely on issues related to the burden of proof, demonstrated by his ill-fated strategy to proceed as though it did not rest with him. Although we consider petitioner's position on the point to be tenuous, we do not consider it to be frivolous within the meaning of section 6673(a). Respondent's motion for a penalty under that section will therefore be denied. To reflect the foregoing, An appropriate order and decision will be entered.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011