- 26 - underlying tax liability may be found to have done so “primarily for delay” and hit with a penalty of up to $25,000 under section 6673(a)(1)(A). Anyone admitted to practice in this Court who files such a petition may be found to have “multiplied the proceedings * * * unreasonably and vexatiously” under section 6673(a)(2) and required to “pay personally the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct”.3 It’s beyond cavil that courts of limited jurisdiction, including the Tax Court, have inherent power to protect their processes from abuse by awarding sanctions and costs even though they lack jurisdiction over the underlying dispute. Willy v. Coastal Corp., 503 U.S. 131 (1992) (sanctions under Fed. R. Civ. P. 11, allowed even though case dismissed for want of subject matter jurisdiction); Cooter & Gell v. Hartmarx Corp., 496 U.S. 384 (1990) (same where complaint voluntarily dismissed before 3 Taxpayers in frivolous return penalty and employment tax penalty cases who wish to dispute the Commissioner’s collection determination are already being put on notice that they should file a complaint with the appropriate district court. Following our opinion in Van Es v. Commissioner, 115 T.C. 324 (2000), the Commissioner apparently changed the form of notice of determination in frivolous return penalty collection cases to tell the taxpayer to file a complaint in the appropriate district court. The notice of determination in the case at hand so stated, but petitioners disregarded the notice and filed a petition with the Tax Court. Similarly, the taxpayer in Moore v. Commissioner, 114 T.C. 171 (2000), an employment tax penalty collection case, disregarded the instruction in the notice of determination to file a complaint in the appropriate district court.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011