John Thurman and Elaine Sheryl Horejs - Page 15




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          judgment as a matter of law sustaining the notice of                        
          determination dated July 2, 2001, with the noted concession of              
          the assessments of the additions to tax under section 6654,                 
          determined in the notice of deficiency dated March 27, 1996.                
               B.  Section 6673                                                       
               Respondent originally moved for the imposition of a penalty            
          on petitioners under section 6673.5  However, in light of                   
          respondent’s concession of additions to tax under section 6654,             
          as set forth in the notice of deficiency dated March 27, 1996,              
          and afterwards assessed, respondent seeks to withdraw his request           
          for the imposition of a penalty.  Under the circumstances, the              
          portion of respondent’s motion for summary judgment, as                     
          supplemented, that seeks the imposition of penalty under section            
          6673 will be deemed withdrawn.                                              
               In order to give effect to the foregoing,                              


                                             An Order and Decision will               
                                        be entered granting respondent’s              
                                        motion for summary judgment, as               
                                        amended.                                      


               5  As relevant herein, sec. 6673(a)(1) authorizes the Tax              
          Court to require a taxpayer to pay to the United States a penalty           
          not in excess of $25,000 whenever it appears that proceedings               
          have been instituted or maintained by the taxpayer primarily for            
          delay or that the taxpayer’s position in such proceeding is                 
          frivolous or groundless.                                                    





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