William A. Hoffman, Jr. - Page 5




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          contesting the underlying deficiency in a proceeding in this                
          Court under section 6330(d).                                                
               Petitioner does not dispute that he received a notice of               
          deficiency and failed to file a timely petition with this Court             
          pursuant to section 6213 for redetermination of that deficiency.            
          Petitioner further does not dispute that he failed to raise any             
          of the issues listed in section 6330(c)(2)(A) at the July 14,               
          1999, meeting with respondent's Appeals Office.  Rather,                    
          petitioner continues to put forth frivolous arguments that have             
          been universally rejected by this and other courts.  Because,               
          however, petitioner received a notice of deficiency and failed to           
          file a timely petition with this Court for redetermination of               
          that deficiency, he is precluded from raising any issue regarding           
          his underlying tax liability at this time.  Consequently, we                
          sustain respondent's determination in the Notice of Determination           
          Concerning Collection Actions Under Section 6320 and/or 6330.               
               Petitioner perhaps did not realize the frivolity of his                
          petition in the instant case.  Accordingly, we warn petitioner              
          that pursuant to section 6673 we are authorized to impose a                 
          penalty of up to $25,000 on taxpayers who institute proceedings             
          merely for delay or who set forth in a proceeding a position that           
          is frivolous or groundless.  Petitioner should bear that fact in            
          mind in connection with any further proceedings which he may                
          institute in this Court.                                                    






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