Neonatology Associates, P.A., et al - Page 95




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            15, 1993, and Lakewood neither requested nor received an                                   
            extension from that date.  Respondent determined that Lakewood’s                           
            untimely filing made it liable for an addition to tax under                                
            section 6651(a) equal to 15 percent of the underpayment, and                               
            Lakewood has not shown reasonable cause for its untimely filing.                           
            We sustain respondent’s determination and hold that Lakewood is                            
            liable under section 6651(a) for an addition to tax of 5 percent                           
            for each month during which its failure continued, or, in other                            
            words, a 15-percent addition to tax as determined by respondent.                           
            See sec. 6651(a)(1); see also Rule 142(a).                                                 
            9.  Penalties Under Section 6673(a)(1)(B)                                                  
                  Respondent moves the Court under section 6673(a)(1)(B) to                            
            impose a $25,000 penalty against each petitioner, asserting that                           
            petitioners’ positions in this proceeding are frivolous and                                
            groundless.  Respondent asserts that the C-group product is a                              
            “deceptive subterfuge” that was “designed to deceive on its                                
            face”.  Respondent asserts that petitioners have not proven the                            
            critical allegations set forth in their petitions as to the                                
            operation of the C-group product and that, at trial, petitioners,                          
            through their counsel, Mr. Prupis and Kevin Smith (Mr. Smith),                             
            contested unreasonably the admissibility of documents that                                 
            respondent obtained from third parties as to the workings of the                           
            C-group product.  Respondent asserts that petitioners, through                             
            Messrs. Prupis and Smith, failed to comply fully with discovery                            






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