Stephen C. Smith - Page 10




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          6673.  Petitioner ignored our precedents and the warnings from              
          respondent’s counsel.  He continued to assert frivolous and                 
          groundless positions and did not produce evidence relating to the           
          merits of this case.  He has wasted the resources of respondent             
          and the Court.  We conclude that petitioner’s position is                   
          frivolous and groundless and was instituted primarily for delay.            
          We impose on petitioner a penalty of $3,500 under section 6673.             

                                                  An appropriate order                
                                             will be issued granting                  
                                             respondent’s motion under                
                                             section 6673, and decision               
                                             will be entered for                      
                                             respondent.                              

























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