- 10 - Finally, section 6673(a) authorizes this Court to penalize a taxpayer who (1) institutes or maintains a proceeding primarily for delay, (2) pursues a position in this Court which is frivolous or groundless, or (3) unreasonably fails to pursue available administrative remedies. Petitioners’ conduct in this case has convinced us that all of the above factors are present in this proceeding. Petitioners’ repeated failure to comply with respondent’s discovery requests, even in the face of orders from the Court directing them to do so, has resulted in a waste of limited judicial and administrative resources that could have been devoted to resolving bona fide claims of other taxpayers. See Cook v. Spillman, 806 F.2d 948 (9th Cir. 1986). Further, petitioners have failed to seek settlement at the administrative level. Lastly, petitioners’ insistence on making protester type arguments even after we have summarily dismissed them indicates an unwillingness on the part of petitioners to respect the tax laws of the United States. Accordingly, we shall grant respondent’s motion and require petitioners to pay a penalty to the United States pursuant to section 6673 in the amount of $15,000. To reflect the foregoing, An appropriate order and decision will be entered.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011