Robert J. Bivolcic - Page 5




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            record, we conclude that such an award is appropriate in this                              
            case.                                                                                      
                  Petitioner has pursued a frivolous and groundless position                           
            throughout this proceeding.  He is long familiar with the Court’s                          
            position on such tax protester arguments, as he has ample                                  
            experience with this Court dating back to a March 24, 1988,                                
            Memorandum Sur Order in Bivolcic v. Commissioner, docket No.                               
            38854-87, which holds against petitioner.  In that case,                                   
            petitioner argued that his wages were not income, and this Court                           
            held against petitioner and awarded the United States a penalty                            
            in the amount of $5,000 pursuant to section 6673.  The Memorandum                          
            Sur Order resulted in an Order of Dismissal and Decision dated                             
            March 31, 1988.  Petitioner filed a Motion to set aside the                                
            Order, which was denied.  On appeal, the U.S. Court of Appeals                             
            for the Third Circuit held in favor of respondent.  Regarding tax                          
            years different from those in the above mentioned case, the U.S.                           
            District Court for the District of New Jersey, in United States                            
            v. Bivolcic, Case No. Cr. 91-380(01), in 1992 convicted                                    
            petitioner for failure to file tax returns under section 7203 and                          
            tax evasion under section 7201.  Petitioner did not pay the tax                            
            liabilities as he was ordered to do by the District Court.  After                          
            the Internal Revenue Service (IRS) issued a levy against his                               
            property, petitioner filed an action seeking to enjoin the IRS                             
            from filing notices of Federal Tax Liens and issuing Notices of                            





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