Neonatology Associates, P.A., et al - Page 97




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            to established law and unsupported by a reasoned, colorable                                
            argument for change in the law, see Coleman v. Commissioner, 791                           
            F.2d 68, 71 (7th Cir. 1986).  Section 6673(a)(2)(B) provides this                          
            Court with the discretion to sanction respondent’s counsel if he                           
            or she “unreasonably and vexatiously” multiples any proceedings                            
            before us.                                                                                 
                  The mere fact that petitioners are defending the position                            
            that was advertised to them in connection with their investment                            
            in the subject VEBA’s is insufficient grounds to penalize each                             
            petitioner under the facts herein.  Petitioners are not directly                           
            responsible for most of the actions listed by respondent in                                
            support of his motion to impose penalties.  Those actions are                              
            best traced to petitioners’ counsel, and, given the facts of this                          
            case, we decline to impute the actions of petitioners’ counsel to                          
            petitioners themselves for the purposes of imposing a penalty                              
            under section 6673(a)(1)(B).  Petitioners have reasonably relied                           
            on the advice of their trial counsel that their litigating                                 
            positions had merit.  See Murphy v. Commissioner, T.C. Memo.                               
            1995-76 (section 6673 penalty against taxpayer was inappropriate                           
            where serious failure to present credible evidence at trial was                            
            attributable to her counsel).                                                              
                  We conclude our report directing the parties to prepare                              
            computations under Rule 155 in all but one of the docketed cases,                          
            taking into account the cost of term life insurance for those                              






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