Nathan Jaramillo and Davina Metzgar - Page 12




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          substantiate expenses claimed on the returns.  The notice sent to           
          petitioners from the Court setting this case for trial called to            
          the parties attention the requirement that the parties contact              
          each other promptly and cooperate fully in the preparation and              
          presentation of the case.  Petitioners' failure to do this,                 
          pursuant to Mr. Beltran's advice, satisfies the Court that                  
          petitioners instituted and maintained this proceeding primarily             
          for delay.                                                                  
               The function of this Court is to provide a forum to decide             
          issues relating to liability for Federal taxes.  Any reasonable             
          and prudent person, under the facts presented to the Court,                 
          should have known that petitioners' claimed deductions could not            
          have been sustained, and petitioners knew that.  This Court does            
          not and should not countenance the use of this Court as a vehicle           
          for disgruntled litigants to proclaim the wrongdoing of another,            
          their return preparer, as a basis for relief from penalties that            
          were determined by respondent on facts that clearly are not                 
          sustainable.  Golub v. Commissioner, T.C. Memo. 1999-288.                   
          Petitioners, therefore, have interfered with the Court's function           
          to the detriment of other parties having cases with legitimate              
          issues for the Court to consider.  Petitioners have caused                  
          needless expense and wasted resources, not only for the Court,              
          but for its personnel, respondent, and respondent's counsel.                
          Under these circumstances, the penalty under section 6673 is                





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