Carlin and Joyce A. Bartschi - Page 11




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          are frivolous.4  We also conclude from the facts of this case               
          that petitioners have instituted and maintained this proceeding             
          primarily for delay.5  Accordingly, pursuant to section 6673, we            
          require them to pay to the United States a penalty of $2,500.               
               We have considered all arguments and have found those                  
          arguments not discussed herein to be irrelevant and/or without              
          merit.  To reflect the foregoing,                                           
                                                  An appropriate order and            
                                             decision will be entered for             
                                             respondent.                              













               4 We also note that we recognize petitioners’ response to              
          respondent’s motion for summary judgment as generally a                     
          repetition of the same language set forth in similar responses              
          filed in this Court by other taxpayers challenging a lien or                
          proposed levy.                                                              
               5 The fact that petitioners are not indifferent to wasting             
          the judiciary’s resources in an attempt to delay the respondent’s           
          collection of their tax liability is further evidenced by their             
          having commenced an action first in Federal District Court.                 
          Petitioners commenced that action there after having received a             
          notice of determination which recited that this Court, not a                
          District Court, is the proper forum in which to litigate this               
          matter.                                                                     





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