Carlin and Joyce A. Bartschi - Page 10




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          set forth in their petition, is that the Appeals officer did not            
          perform the required verification.  For the reasons stated above,           
          we have rejected that argument in accordance with our firmly                
          established jurisprudence.  Thus, as was true in Lunsford v.                
          Commissioner, supra, and pursuant thereto, we consider it neither           
          necessary or productive to remand this case to Appeals to hold a            
          hearing.  We sustain respondent’s determination as to the                   
          proposed levy as a permissible exercise of discretion.                      
               We now turn to the requested penalty under section 6673.               
          Section 6673(a)(1) authorizes the Court to require a taxpayer to            
          pay to the United States a penalty not in excess of $25,000                 
          whenever it appears that proceedings have been instituted or                
          maintained by the taxpayer primarily for delay or that the                  
          taxpayer’s position in such proceeding is frivolous or                      
          groundless.  We have repeatedly indicated our willingness to                
          impose such penalties in lien and levy review proceedings.                  
          Roberts v. Commissioner, supra.  Moreover, we have imposed                  
          penalties in such proceedings when the taxpayer raised frivolous            
          and groundless arguments.  Yacksyzn v. Commissioner, supra;                 
          Watson v. Commissioner, T.C. Memo. 2001-213; Davis v.                       
          Commissioner, T.C. Memo. 2001-87.                                           
               In accordance with the firmly established law set forth                
          above, we conclude that petitioners’ positions in this proceeding           








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