John W. Hauck, Jr. - Page 7




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          are raised for the first time at trial or on brief.5  Foil v.               
          Commissioner, 92 T.C. 376, 418 (1989), affd. 920 F.2d 1196 (5th             
          Cir. 1990); Markwardt v. Commissioner, 64 T.C. 989, 997 (1975).             
               Section 6673(a)(1) authorizes this Court to require a                  
          taxpayer to pay to the United States a penalty not to exceed                
          $25,000 if the taxpayer took frivolous positions in the                     
          proceedings or instituted the proceedings primarily for delay.              
          In Pierson v. Commissioner, 115 T.C. 576, 581 (2000), we issued             
          an unequivocal warning to taxpayers concerning the imposition of            
          a penalty pursuant to section 6673(a) on those taxpayers who                
          abuse the protections afforded by sections 6320 and 6330 by                 
          instituting or maintaining actions under those sections primarily           
          for delay or by taking frivolous or groundless positions in such            
          actions.                                                                    
               At trial, the Court informed petitioner the Court had                  
          already ruled that taxpayers are not entitled to a court                    
          reporter, to subpeona witnesses, or to cross-examine witnesses at           
          the section 6330 hearing.  Davis v. Commissioner, supra at 41-42.           
          Additionally, the Court advised petitioner that we had previously           
          held that for section 6330 cases whether or not the taxpayer was            
          given a copy of a Form 23C did not affect the validity of the               

               5  Regardless of whether petitioner was given an appropriate           
          hearing, there was a valid determination.  A hearing is not                 
          required as a prerequisite to our jurisdiction.  Lunsford v.                
          Commissioner, 117 T.C. 159, 164-165 (2001); see also Tilley v.              
          Commissioner, T.C. Memo. 2002-161.                                          





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