James D. and Rita K. Snyder - Page 28




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          upon professional advice in preparing the 1992 through 1995 Forms           
          1040.  They have, however, failed to provide evidence that they             
          received advice on which they were entitled to rely.  We assume             
          that they rely exclusively on our finding that there was no                 
          deficiency in tax.  Since we have found a deficiency in tax for             
          each year, we sustain respondent’s determination of a penalty               
          under section 6662(a) on the grounds of either negligence or                
          substantial understatement of income, modified only to take                 
          account of the amount of each deficiency that we have determined.           
               B.  Section 6673(a)(1)                                                 
                    1.  Introduction                                                  
               Respondent asks that we impose a penalty against petitioners           
          under section 6673(a)(1).  That section provides:                           
               SEC. 6673.  SANCTIONS AND COSTS AWARDED BY COURTS.                     
               (a) Tax Court Proceedings.--                                           
               (1) Procedures instituted primarily for delay,                         
               etc.--Whenever it appears to the Tax Court that--                      
                    (A) proceedings before it have been instituted                    
                    or maintained by the taxpayer primarily for delay,                
                    (B) the taxpayer’s position in such proceeding                    
                    is frivolous or groundless, or                                    
                    (C) the taxpayer unreasonably failed to pursue                    
                    available administrative remedies,                                
               the Tax Court, in its decision, may require the                        
               taxpayer to pay to the United States a penalty not in                  
               excess of $25,000.                                                     
               The purpose of section 6673 is to compel taxpayers to think            
          and to conform their conduct to settled principles before they              




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