- 4 - allegations. Petitioner sent respondent interrogatories, and requests for admissions and production of documents, all of which were frivolous (e.g., petitioner is not a “person liable” for tax; he did not volunteer to file returns or pay tax; respondent’s employees lacked authority; the substitute for return is invalid). On May 7, 1999, respondent’s counsel sent petitioner a letter stating that petitioner had taken tax protester type positions which could result in imposition of monetary sanctions. Respondent’s counsel attached to the letter copies of 11 recent Tax Court cases in which we rejected arguments similar to those raised by petitioner. On August 19, 1999, respondent’s counsel sent another letter to petitioner in which he said that petitioner had not cooperated in preparing for trial and advised petitioner that he could be subject to a penalty under section 6673. Respondent’s counsel attached a copy of section 6673 to the August 19, 1999, letter. Petitioner filed a motion for summary judgment and a pretrial memorandum in which he made only frivolous arguments. He did not dispute any of the adjustments in the notice of deficiency. We denied his motion for summary judgment. In respondent’s pretrial memorandum, respondent contended that petitioner is liable for the section 6673 penalty. AtPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011