- 46 - the Court may require the taxpayer to pay a penalty to the United States of up to $25,000. At trial, after petitioner stated that he would not testify, respondent moved for a penalty under section 6673. According to respondent’s motion, petitioner’s claim that the $103,420 paid to Universal is not includable in petitioner’s income is frivolous. Under the circumstances of the case at hand, we decline to impose the section 6673 penalty. On June 19, 2000, respondent’s counsel informed petitioner that he was prepared to move for a penalty if petitioner continued to insist that the $103,420 paid to Universal for work done by petitioner was not petitioner’s income. Respondent’s motion seeks a penalty against petitioner on this ground. We note that on June 13, 2000, petitioner had stipulated that WWMC paid Universal $95,596 for work done by petitioner. We also note that on June 27, 2000, the parties submitted a Second Stipulation of Facts. In that document, petitioner made many additional stipulations concerning the payment of the $103,420 to Universal for work done by petitioner, and concerning deposits of that amount to Universal’s bank account. These stipulations helped prove respondent’s case in chief. Indeed, we note that respondent did not present any witnesses at trial. We believe that petitioner’s course of conduct was counseled by Mr. Chisum, who appears to have advised petitioner throughoutPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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