Caralan Trust, et al. - Page 34




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                    (A) proceedings before it have been instituted                    
                    or maintained by the taxpayer primarily for delay,                
                    (B) the taxpayer’s position in such proceeding                    
                    is frivolous or groundless, or                                    
                    (C) the taxpayer unreasonably failed to pursue                    
                    available administrative remedies,                                
               the Tax Court, in its decision, may require the                        
               taxpayer to pay to the United States a penalty not in                  
               excess of $25,000.                                                     
               The purpose of section 6673 is to compel taxpayers to think            
          and to conform their conduct to settled principles before they              
          file returns and litigate.  Coleman v. Commissioner, 791 F.2d 68,           
          71 (7th Cir. 1986); see also Grasselli v. Commissioner, T.C.                
          Memo. 1994-581 (quoting Coleman).  A petition to the U.S. Tax               
          Court is frivolous if it is contrary to established law and                 
          unsupported by a reasoned, colorable argument for change in the             
          law.  We need not find specific damages to impose a penalty under           
          section 6673(a)(1); rather, that section is a penalty provision,            
          intended to deter and penalize frivolous claims and positions in            
          deficiency proceedings.  Bagby v. Commissioner, 102 T.C. 596,               
          613-614 (1994).  The J. Shirleys do not here argue for any change           
          in the law, and there are numerous cases that establish that                
          taxpayers cannot use trusts, as the J. Shirleys have attempted to           
          do, to avoid tax or shift income from one taxpayer to another.              
          See, e.g., Zmuda v. Commissioner, 79 T.C. 714 (1982); Vercio v.             
          Commissioner, 73 T.C. 1246 (1980); Wesenberg v. Commissioner,               
          69 T.C. 1005 (1978); Barmes v. Commissioner, T.C. Memo. 2001-155;           





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