The Nis Family Trust - Page 40




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            Burroughs, 801 F.2d 1531, 1537 (9th Cir. 1986) (similar                                    
            standards for imposing sanctions pursuant to Rule 11, Fed. R.                              
            Civ. P.).  Bad faith may be found not only in the actions that                             
            led to the litigation but also in the conduct of the litigation.                           
            See Harper v. Commissioner, supra.                                                         
                  Ms. Sluyter entered her appearances in the consolidated                              
            cases on April 10, 2000, after the petitions had been filed.  It                           
            is clear that, on that date, Ms. Sluyter was aware of the                                  
            meritless tax-protester arguments made in the petitions.  On                               
            April 4, 2000, a week before her appearances, Ms. Sluyter met                              
            with respondent’s counsel (the April 4 meeting), and she both                              
            repeated and added to the specious arguments made in the                                   
            petition.  Respondent has provided us with a letter from                                   
            respondent’s counsel to Ms. Sluyter, dated April 11, 2000 (the                             
            April 11 letter), analyzing various cases and statutory                                    
            provisions, and showing the lack of merit in Ms. Sluyter’s                                 
            arguments made at the April 4 meeting.  We have examined the                               
            April 11 letter.  It put Ms. Sluyter on clear notice that her                              
            arguments were meritless.  Nevertheless, Ms. Sluyter has                                   
            persisted in those and similar arguments.  She has signed                                  
            documents submitted to respondent and the Court that contain                               
            meritless and, in some instances, inflammatory, statements:                                
            e.g.:                                                                                      








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