- 15 - 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motion for summary judgment, as supplemented, that seeks the imposition of penalty under section 6673 will be deemed withdrawn.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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Last modified: May 25, 2011