- 58 - recklessness, without more, would justify the imposition of sanctions under section 6673(a)(2). See, e.g., Nis Family Trust v. Commissioner, 115 T.C. 523, 547 (2000); Dixon v. Commissioner, T.C. Memo. 2000-116. In the view of the Court of Appeals for the Ninth Circuit, “bad faith” is present when an attorney knowingly or recklessly raises a frivolous argument. In re Keegan Mgmt. Co., Sec. Litig., 78 F.3d 431, 436 (9th Cir. 1996); Estate of Blas v. Winkler, 792 F.2d 858, 860 (9th Cir. 1986). This is consistent with the notion that a member of the bar should be deemed to have the ability to recognize a frivolous argument when he or she encounters it. While we have some doubt that Ms. Spaid intended to harass respondent, we have no doubt she knowingly and recklessly made frivolous arguments in pretrial memoranda, at trial, and in posttrial briefs. All litigants, especially members of the bar who have received training in law and professional responsibility, are expected to read the cases cited for the Court, to assure that those cases remain current, and to advance only those legal arguments that are warranted by existing law, by nonfrivolous argument for its extension, modification, or reversal, or by the establishment of new law. See, e.g., Fed. R. Civ. P. 11(b)(2); Coleman v. Commissioner, 791 F.2d 68, 72 (7th Cir. 1986) (“The purpose of sections 6673 and 6702, like the purpose of Rules 11Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
Last modified: May 25, 2011