Joseph T. McQuatters - Page 6




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            proceedings are frivolous or groundless.  A position maintained                            
            by the taxpayer is “frivolous” where it is “contrary to                                    
            established law and unsupported by a reasoned, colorable argument                          
            for change in the law.”  Coleman v. Commissioner, 791 F.2d 68, 71                          
            (7th Cir. 1986).                                                                           
                  The petition and amended petition contained shopworn tax-                            
            protester rhetoric that has been universally rejected by this and                          
            other Courts.  After the majority of the petition and the entire                           
            amended petition were stricken, petitioner served requests for                             
            admissions and interrogatories on respondent relating to the tax-                          
            protester arguments contained in the stricken portions.                                    
            Petitioner also refused to sign a decision document even though                            
            there were no longer any issues in the case and did not make an                            
            appearance at the calendar call to explain his refusal to sign                             
            the decision documents.                                                                    
                  In McQuatters I, petitioner made frivolous tax-protester                             
            arguments akin to those advanced in the petition and amended                               
            petition in the instant case, and this Court penalized petitioner                          
            $1,000 pursuant to section 6673.  At the hearing on the motion to                          
            dismiss, petitioner was warned that if he continued to advance                             
            these arguments and further delay the resolution of this case he                           
            would be penalized again.  Petitioner has failed to heed our                               
            warnings.  Accordingly, we shall grant respondent’s motion and                             
            impose a penalty of $5,000 pursuant to section 6673.                                       






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