- 10 - collection and imposed a $4,000 penalty under section 6673(a) against the taxpayer. Petitioner’s motion to dismiss was called for hearing in Las Vegas, Nevada. Petitioner and counsel for respondent appeared and were heard. Thereafter, by Order dated December 20, 2001, the Court denied petitioner’s motion. Notably, the last paragraph of that order stated as follows: Petitioner is admonished that the Court can, and may, impose a penalty against him under section 6673 in an amount up to $25,000, if the Court concludes that he instituted and/or maintained this proceeding primarily for purposes of delay or if the Court deems petitioner’s position in this proceeding to be frivolous and/or groundless. See Pierson v. Commissioner, 115 T.C. 576, 581 (2000). G. Respondent’s Motion for Summary Judgment As stated, respondent filed a Motion For Summary Judgment And To Impose A Penalty Under I.R.C. Section 6673. Respondent contends that petitioner is barred under section 6330(c)(2)(B) from challenging the existence or amount of his underlying tax liability in this proceeding because petitioner received a notice of deficiency for the tax in question. Respondent also contends that the Appeals officer’s review of transcripts from respondent’s computer systems, including the literal transcript that was provided to petitioner during the Appeals Office hearing on April 11, 2001, satisfied the verification requirement ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011