Kevin R. Johnston - Page 46




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          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 throughout            





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