Herbst Asset Management Trust, et al. - Page 23




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          petitioners (1) instituted proceedings in the Court primarily for           
          delay, (2) advanced frivolous and groundless positions in such              
          proceedings, and (3) unreasonably failed to pursue administrative           
          remedies.                                                                   
               On the record before us, we find that Ms. Herbst instituted            
          the proceedings in the case at docket No. 10001-00 primarily for            
          delay.  We also find on that record that Ms. Herbst’s position in           
          the case at docket No. 10001-00 is frivolous and/or groundless.             
          On the record before us, we shall impose a penalty on Ms. Herbst            
          pursuant to section 6673(a)(1) in the amount of $25,000.                    
               On the record before us, we find that Mr. Herbst instituted            
          the proceedings in the case at docket No. 10002-00 primarily for            
          delay.  We also find on that record that Mr. Herbst’s position in           
          the case at docket No. 10002-00 is frivolous and/or groundless.             
          On the record before us, we shall impose a penalty on Mr. Herbst            
          pursuant to section 6673(a)(1) in the amount of $25,000.                    
               To reflect the foregoing,                                              

                                             An appropriate order of dis-             
                                        missal for lack of jurisdiction and           
                                        denying respondent’s motion will be           
                                        entered in each of the cases at               
                                        docket Nos. 9999-00 and 10000-00,             
                                        and an appropriate order granting             
                                        respondent’s motion and decision              






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