Frank George - Page 12




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          Petitioner’s filings in this case, including the briefs, bear all           
          of the earmarks of style and content of documents filed by Wilde.           
               Petitioner is one of a group of people who pursue groundless           
          arguments solely for the purpose of delay.  By their procedural             
          gimmicks, petitioner and his advisers seek to create a circular             
          dilemma for respondent.  They institute TEFRA proceedings that              
          are duly dismissed, and then they assert the absence of a TEFRA             
          proceeding in an attempt to block the individual deficiency case.           
          The inevitable conclusion is that the proceedings are maintained            
          for delay.  Petitioner and those with whom he is associated                 
          obviously intend to clutter the Court’s docket with                         
          nonmeritorious cases so that the scheduling of trials and                   
          resolution of cases will be impeded.  Such conditions were among            
          those that led Congress in 1989 to increase the amount of the               
          penalty under section 6673 from $5,000 to $25,000.  See H. Rept.            
          101-247 (1989) to accompany the Omnibus Budget Reconciliation Act           
          of 1989, Pub. L. 101-239, 103 Stat. 2106, 2400-2401.  Penalties             
          have been awarded in comparable cases.  See Ward v. Commissioner,           
          T.C. Memo. 2002-147; Ruocco v. Commissioner, supra; Lipari v.               
          Commissioner, supra.  In this case, we conclude that a penalty              
          under section 6673 is appropriate in the amount of $20,000.                 
               To reflect the effect of respondent’s concessions,                     
                                                  Decision will be entered            
                                             under Rule 155.                          






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