Sally-Ann Nash - Page 4




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               We hold that respondent's determinations of a deficiency in            
          petitioner's Federal income tax for 1994 and additions to tax for           
          1994 pursuant to sections 6651(a)(1) and 6654(a) are sustained.             
               The second issue for decision is whether we should, sua                
          sponte, impose a penalty on petitioner pursuant to section                  
          6673(a).                                                                    
               Whenever it appears to this Court that proceedings before it           
          have been instituted or maintained by the taxpayer primarily for            
          delay or that the taxpayer's position in such proceeding is                 
          frivolous or groundless, the Court, in its discretion, may                  
          require the taxpayer to pay to the United States a penalty not in           
          excess of $25,000.  See sec. 6673(a)(1)(A) and (B).  A position             
          maintained by a taxpayer in the Tax Court is frivolous "if 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 made numerous frivolous arguments in her trial              
          memorandum and at trial.  She has caused this Court to waste its            
          limited resources on her erroneous views of the tax law while the           
          resolution of other taxpayers' bona fide controversies with                 
          respondent were delayed.  On the other hand, despite the lack of            
          any merit in petitioner's arguments, respondent failed to make a            
          motion to dismiss this case and proceeded to trial.  Respondent             
          also failed to make any motion for a penalty under section 6673.            






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