Gary G. Gage and Carrie M. Gage - Page 7




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          expenses.  Hartless Linen Serv. Co. v. Commissioner, 32 T.C. 1026           
          (1959).                                                                     
               Petitioners claimed charitable contribution deductions on              
          their Schedules C as ordinary and necessary business expenses.              
          In this proceeding, however, petitioners failed to provide any              
          proof that these claimed contributions were paid as legitimate              
          business expenses.  We sustain respondent’s determination as to             
          this issue.  See id.  We allow petitioners to deduct these                  
          amounts under section 170 as itemized deductions, as determined             
          by respondent.                                                              
          3.  Penalty Under Section 6673                                              
               Respondent moves the Court to require petitioners to pay to            
          the United States a penalty under section 6673.  Respondent                 
          asserts that petitioners’ positions in this proceeding are                  
          frivolous and groundless.  Under section 6673(a), a taxpayer may            
          be required to pay to the United States a penalty not in excess             
          of $25,000 whenever it appears to the Court that, among other               
          reasons, the proceedings have been instituted or maintained                 
          primarily for delay or the taxpayer’s position is frivolous or              
          groundless.  Larsen v. Commissioner, 765 F.2d 939, 941 (9th Cir.            
          1985).  A taxpayer’s position is frivolous or groundless if it is           
          contrary to established law and unsupported by a reasoned, color            
          able argument for change in the law.  Coleman v. Commissioner,              
          791 F.2d 68, 71 (7th Cir. 1986).                                            






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