- 25 - Herbst’s and Mr. Herbst’s respective responses to respondent’s motions to dismiss for lack of prosecution in those cases and (2) section 6673(a)(1), the brief that petitioners filed in these cases on February 15, 2002, contained statements, contentions, and arguments that the Court found to be frivolous and/or ground- less and did not set forth any valid reason why the Court should not dismiss for lack of prosecution the cases at docket Nos. 10001-00 and 10002-00. With respect to the accuracy-related penalties under section 6662(a) at issue in the cases at docket Nos. 10001-00 and 10002- 00, the Court found in Herbst I that respondent satisfied the burden of production that respondent maintained respondent had with respect to those penalties. With respect to that part of respondent’s motion to dismiss for lack of prosecution in each of the cases at docket Nos. 10001-00 and 10002-00 asking the Court to impose a penalty under section 6673(a)(1) on petitioner in each of those cases, the Court found in Herbst I that Ms. Herbst and Mr. Herbst instituted the proceedings in those respective cases primarily for delay and that their respective positions in those cases were frivolous and/or groundless. We held in Herbst I that Ms. Herbst was liable in the case at docket No. 10001-00 for a penalty under section 6673(a)(1) in the amount of $25,000 and that Mr. Herbst was liable in the case at docket No. 10002-00 for a penalty underPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011