Anthony P. Hart - Page 5




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          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.                   





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