David R. and Darlene Funk, et al. - Page 8




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          for its collection can be begun or, if a petition is filed, until           
          a decision of this Court is final.  See sec. 6213(a).                       
               Because the petitions fail to state a claim upon which                 
          relief can be granted, we shall grant respondent's motion to                
          dismiss in each docket.  See Rules 34(a)(1), 123(b); Scherping v.           
          Commissioner, 747 F.2d 478 (8th Cir. 1984).                                 
          Section 6673                                                                
               We now consider that part of respondent’s motions that seeks           
          an award of a penalty against petitioners under section 6673(a).            
          Section 6673(a)(1) authorizes the Tax Court to require a taxpayer           
          to pay to the United States a penalty not in excess of $25,000              
          whenever it appears that proceedings have been instituted or                
          maintained by the taxpayer primarily for delay or that the                  
          taxpayer’s position in such proceedings is frivolous or                     
          groundless.                                                                 
               A petition is frivolous if it is contrary to established               
          law, or unsupported by a reasoned, colorable argument for change            
          in the law.  See Coleman v. Commissioner, 791 F.2d 68, 71 (7th              
          Cir. 1986), affg. an order of this Court.                                   
               A review of the record in these cases satisfies us that                
          petitioners are not interested in disputing the merits of the               
          deficiencies, additions to tax, or penalties.  Petitioners appear           
          to regard these cases as a vehicle to present their views.  The             








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