- 6 - 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.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011