David J. Edwards - Page 58




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          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 11             







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