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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6673 will be deemed withdrawn.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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Last modified: May 25, 2011