Shirley L. Johnson - Page 13




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               constructive dividends.  We admonish the Muhichs that                   
               we shall not be inclined to exercise our discretion                     
               under section 6673 so favorably in the future if                        
               presented with similar arguments by them, and we may                    
               impose a penalty.                                                       
          Also in the record in these cases is a transcript and a copy of a            
          stipulated decision in Crockett v. Commissioner, docket No.                  
          20759-97, which also involved a sham or abusive trust.  In that              
          case, the decision entered pursuant to stipulation of the parties            
          included a penalty under section 6673 against Izen’s client.                 
               In these cases, in view of Izen’s express admissions that he            
          was responsible for the failure to comply with discovery orders,             
          we believe that the penalty should be imposed on him.  Although              
          he conceded at the time of hearing that he was wrong and that he             
          would pay, he has argued in written documents that “mere                     
          negligence” was not enough to justify a sanction.  There may be              
          some question as to whether, before we impose costs, we must find            
          that Izen acted in bad faith.  See The Nis Family Trust v.                   
          Commissioner, 115 T.C. 523 (2000).  We have no trouble finding               
          that, in these cases, he did.                                                
               Izen has a long history of involvement with sham trusts,                
          both as counsel of record and as counsel rendering an opinion on             
          which taxpayers unfortunately relied.  See, e.g., United States              
          v. Buttorff, 761 F.2d 1056 (5th Cir. 1985), affg. 563 F. Supp.               
          450 (N.D. Tex. 1983); Watson v. Commissioner, 690 F.2d 429 (5th              
          Cir. 1982); Lund v. Commissioner, T.C. Memo. 2000-334; Para                  






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