- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 Next
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