-10- 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 proceedingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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