Marvin L. Barmes and Barbara J. Barmes - Page 84




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          Accordingly, we sustain respondent’s determination with respect             
          to that penalty.                                                            
          Penalty Under Section 6673(a)(1)                                            
               On brief, respondent asks the Court to require petitioners             
          to pay a penalty to the United States pursuant to section                   
          6673(a)(1).                                                                 
               Section 6673(a)(1) authorizes the Court to require a tax-              
          payer to pay to the United States a penalty in an amount not to             
          exceed $25,000 whenever it appears to the Court that, inter alia,           
          the taxpayer’s position in a proceeding before it is frivolous or           
          groundless.  See sec. 6673(a)(1)(B).  The Court may impose a                
          penalty under section 6673(a)(1)(B) even if it finds that not all           
          of the taxpayer’s arguments are frivolous or groundless.  See               
          Sloan v. Commissioner, 102 T.C. 137, 148 (1994), affd. 53 F.3d              
          799 (7th Cir. 1995).                                                        
               A position is frivolous when it is “contrary to established            
          law and unsupported by a reasoned, colorable argument for change            
          in the law.”  Coleman v. Commissioner, 791 F.2d 68, 71 (7th Cir.            
          1986).  The word “groundless” is a word of common usage.  Web-              
          ster’s Third New International Dictionary Unabridged 1003 (1993)            
          provides the following definition of that word:  “having no                 
          ground or foundation: lacking cause or reason for support”.                 
               In support of respondent’s position that the imposition on             
          petitioners of a penalty under section 6673(a)(1) is appropriate,           






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