- 11 - Pursuant to section 6673(a)(1), this Court is authorized to impose a penalty against a taxpayer, not in excess of $25,000, whenever it appears that, inter alia, the proceedings before the Court have been instituted or maintained by the taxpayer primarily for delay. See sec. 6673(a)(1)(A). The penalty provision of section 6673(a)(1) is generally used to sanction flagrant tax protesters and abusive tax shelters, but it is also a proper channel for this Court to sanction and deter the use of false testimony and to protect the integrity of our proceedings from intentional misconduct. See Bagby v. Commissioner, 102 T.C. 596, 615 (1994); see also Ash v. Commissioner, 96 T.C. 459, 472- 473 (1991) (noting this Court's power to impose sanctions when the underlying facts and circumstances establish an abuse of the Court's processes). In the instant case, petitioner's conduct warrants sanction pursuant to section 6673(a)(1)(A). Petitioner's conduct should be sanctioned because it resulted in an abuse of the Court's processes and was designed, primarily, to cause delay. In particular, during the September 27, 1999, trial session in Los Angeles, California, a question arose as to petitioner's experience with Tax Court litigation. As the Court attempted to ascertain the extent of petitioner's Tax Court experience, the following discourse took place: THE COURT: But you have appeared in this Court before, is that correct? MR. TULLY: I don't know about this courtroom, Your Honor.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011