- 4 - 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.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011