William J. Tully - Page 11




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               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.                                                            





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