Marvin L. Barmes and Barbara J. Barmes - Page 88




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          October 16, 2000.  We agree that the reasons presented by respon-           
          dent warrant imposition in the instant case of a penalty under              
          section 6673(a)(1).                                                         
               By continuing to assert after the Court issued the September           
          19, 2000 Order frivolous and groundless contentions in the motion           
          to dismiss that petitioners filed on October 16, 2000, petition-            
          ers consumed the time and effort of the Court, which otherwise              
          could have been devoted to resolving bona fide claims of other              
          taxpayers.  See Coleman v. Commissioner, supra at 72; Cook v.               
          Spillman, 806 F.2d 948 (9th Cir. 1986), affd. per curiam.  Based            
          on our examination of the entire record before us, we find that,            
          pursuant to section 6673(a)(1)(B), the imposition of a penalty in           
          the amount of $2,000 is appropriate in this case.                           
               We have considered all of the contentions and arguments of             
          petitioners that are not discussed herein, and we find them to be           
          without merit and/or irrelevant.                                            
               To reflect the foregoing,                                              
                                             An approriate order will be              
                                        issued and a decision will be                 
                                        entered sustaining respondent’s               
                                        determinations and imposing a                 
                                        penalty under section 6673(a)(1).             










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