- 12 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011