- 5 - he filed his brief that his arguments lack any basis in law and have been previously rejected by this Court. At the hearing, the Court asked respondent to send petitioner a copy of our opinions in Liddane v. Commissioner, T.C. Memo. 1998-259, affd. without published opinion 208 F.3d 206 (3d Cir. 2000); Cocozza v. Commissioner, T.C. Memo. 1997-305; and Talmage v. Commissioner, T.C. Memo. 1996-114, affd. without published opinion 99 F.3d 1131 (4th Cir. 1996), further to inform petitioner that his arguments are frivolous and have been repeatedly rejected by this Court, and that his continued maintenance of these frivolous arguments could subject him to a penalty of up to $25,000 under section 6673(a). According to a motion filed by respondent after the hearing: Respondent’s counsel contacted petitioner on or about April 18, 2001, at which time petitioner stated that he would sign a decision document based on the amounts stated in the statutory notice of deficiency. Respondent mailed a cover letter and a decision document (attached) to petitioner on the same day. Respondent left messages on petitioner’s answering machine * * * on April 27, 2001 and May 2, 2001 inquiring whether petitioner had sent the signed 3(...continued) Commissioner’s determination of the fraud penalty against a tax protester nonfiler. Grimes v. Commissioner, 82 T.C. 235 (1984), awarded the Commissioner damages under a prior version of sec. 6673(a) against a taxpayer who continued to maintain the frivolous positions taken in his petition. See also Grimes v. Commissioner, 806 F.2d 1451 (9th Cir. 1986), affg. an unreported order of this Court to impose damages against the same taxpayer for a later year and also awarding additional damages to the Government on account of the taxpayer’s frivolous appeal.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011