Malcolm Crow - Page 10




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          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 of                









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