Andrew Heisey - Page 8




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          apply in certain circumstances, see Grosshandler v. Commissioner,           
          75 T.C. 1, 20-21 (1980); however, petitioner has not shown that             
          he falls within any of those exceptions.  Chambers v.                       
          Commissioner, T.C.. Memo. 2000-218, affd. 17 Fed. Appx. 688 (9th            
          Cir. 2001); sec. 301.6651-1(f), Example (1), Proced. & Admin.               
          Regs.  We hold that petitioner is liable for the section 6654(a)            
          additions to tax determined by respondent.                                  
          E. Section 6673(a)(1) Penalty                                               
               Respondent requests that we impose a penalty pursuant to               
          section 6673(a)(1).  Under section 6673(a)(1), we may impose a              
          penalty not to exceed $25,000 if the taxpayer’s position is                 
          “frivolous or groundless”.                                                  
               Petitioner’s only argument is that the income tax is an                
          excise tax and that petitioner was not engaged in a taxable                 
          excise activity.  Those contentions are patently frivolous.  See            
          Hart v. Commissioner, T.C. Memo. 2001-306.  Accordingly, we shall           
          impose upon petitioner a penalty of $2,000.                                 


                                   Decision will be entered for                       
                                             respondent except for the                
                                             additions to tax under section           
                                             6651(a)(2) which do not apply.           


               6(...continued)                                                        
          tax years at issue.  Sec. 6665(b)(2); Hart v. Commissioner, T.C.            
          Memo. 2001-306.                                                             





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