- 9 - I have reviewed your administrative file and your reasons for disagreeing with the Service Center Director’s proposed enforcement action. It is my determination that your reasons for disagreeing with the proposed enforcement action are frivolous. The Courts have consistently and repeatedly rejected the arguments you have expressed and, in some cases, they have imposed sanctions. In Pierson v. Commissioner, * * * [115 T.C. 576 (2000)], the Court issued fair warning of penalties under section 6673 to all those taxpayers who, in the future, institute or maintain a lien or levy action primarily for delay or whose position in such a proceeding is frivolous or groundless. In an opinion just issued by the Court in Regina Davis, * * * [T.C. Memo. 2001-87], the Court imposed a $4,000.00 penalty because the taxpayer was making frivolous arguments. By letter dated June 18, 2001, the Appeals officer sent to petitioner copies of literal transcripts from respondent’s individual master file (IMF) at the Martinsburg, West Virginia, Computing Center of petitioner’s accounts for the taxable years 1997 and 1998.4 On July 30, 2001, petitioner attended an administrative hearing in Las Vegas, Nevada, conducted by the Appeals officer. Prior to the hearing, the Appeals officer reviewed transcripts pertaining to petitioner’s accounts for the taxable years 1997 and 1998. During the hearing, petitioner requested that the Appeals officer identify the statutory provisions establishing petitioner’s liability for Federal income tax and provide 4 A literal transcript is a transcript in “plain English” with a minimum amount of “computerese”.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011