- 19 - the Tax Court has multiplied the proceedings in any case unreasonably and vexatiously, the Tax Court may require–- * * * * * (B) if such attorney is appearing on behalf of the Commissioner of Internal Revenue, that the United States pay such excess costs, expenses, and attorney's fees in the same manner as such an award by a district court. Section 6673(a)(2) is applicable "to positions taken after December 31, 1989, in proceedings which are pending on, or commenced after such date." OBRA 1989, sec. 7731(d), 103 Stat. 2106, 2402; see Harper v. Commissioner, 99 T.C. 533 (1992). The trial of the test cases began on January 9, 1989, and the Court did not issue its opinion in Dixon II until December 11, 1991. Although Messrs. Sims' and McWade's misconduct began in late 1986, they continued to mislead the Court during the trial of the test cases, throughout the briefing process, and in the submission of erroneous decision documents in the Thompson and Cravens cases. Under the circumstances, we hold that the Government misconduct falls within the effective date of section 6673(a)(2). The Court has not had the occasion to apply section 6673(a)(2) to misconduct of a Government attorney. We have, however, relied upon the provision to impose sanctions against counsel for a taxpayer. See Harper v. Commissioner, supra; Matthews v. Commissioner, T.C. Memo. 1995-577, affd. byPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011