Marvin L. Barmes and Barbara J. Barmes - Page 65




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          groundless.  We reminded petitioners in the September 19, 2000              
          Order about the provisions of section 6673(a)(1)(A) and (B),                
          which allows the Court to require a taxpayer to pay a penalty to            
          the United States whenever it appears to the Court that a pro-              
          ceeding before it has been instituted or maintained by the                  
          taxpayer primarily for delay or when the taxpayer’s position in             
          such a proceeding is frivolous or groundless.  We informed                  
          petitioners in the September 19, 2000 Order that “In the event              
          that petitioners continue to advance frivolous and/or groundless            
          contentions, the Court will be inclined to impose a penalty not             
          in excess of $25,000 on petitioners under section 6673.”                    
               On October 2, 2000, petitioners filed a motion for clarifi-            
          cation of the September 19, 2000 Order (petitioners’ motion for             
          clarification).  In that motion, petitioners reasserted their               
          arguments and contentions challenging the Court’s jurisdiction              
          and authority, which we had found in the September 19, 2000 Order           
          to be frivolous and/or groundless.33  On October 2, 2000, we                
          denied petitioners’ motion for clarification.                               

               33In petitioners’ motion for clarification, petitioners                
          stated, inter alia:                                                         
               The Court has not provided any assistance to petition-                 
               ers which would enable them to evaluate whether or not                 
               to pursue their issue(s), and petitioners seek guidance                
               from the Court.  * * * the [September 19, 2000] Order                  
               was issued sua sponte, and petitioners have been pro-                  
               vided no authority to examine which would explain why                  
               their position(s) is/are “frivolous and/or groundless.”                






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