Marvin L. Barmes and Barbara J. Barmes - Page 86




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          tioners continued to advance frivolous and/or groundless conten-            
          tions.                                                                      
               According to respondent, after the Court issued the Septem-            
          ber 19, 2000 Order, in which we found the arguments and conten-             
          tions with respect to the Court’s jurisdiction and authority that           
          petitioners advanced in their trial memorandum to be frivolous              
          and/or groundless and in which we reminded petitioners about                
          section 6673(a)(1), petitioners continued to advance contentions            
          in their motion to dismiss filed on October 16, 2000, which the             
          Court found in the October 19, 2000 Order to be frivolous and               
          groundless.  Consequently, respondent argues, the Court should              
          impose a penalty on petitioners under section 6673(a)(1).                   
               Petitioners do not address the reasons advanced by respon-             
          dent in support of respondent’s position that the Court should              
          impose a penalty under section 6673(a)(1).  Instead, petitioners            
          argue that the imposition of such a penalty is not appropriate in           
          the instant case because they refrained from presenting at trial            
          and on brief (1) the same arguments and contentions challenging             
          the Court’s jurisdiction and authority that they had advanced in            
          petitioners’ trial memorandum and (2) “any challenge whatsoever             
          to the Court’s jurisdiction and authority.”                                 
               On the record before us, we reject petitioners’ position.              
          Petitioners first appear to be taking the position that the                 
          September 19, 2000 Order cautioned petitioners only against                 






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