- 4 - petition set forth “Clear and concise lettered statements of the facts on which petitioner bases the assignments of error”. We dismissed each of the cases involved in Funk v. Commissioner, supra, for failure to state a claim upon which relief could be granted. In addition, we required each of the trusts to pay a section 6673(a)(1) penalty in the amount of $1,000. Section 6673(a)(1) allows this Court to require a taxpayer to pay to the United States a penalty not in excess of $25,000 where it appears to the Court either that a taxpayer has instituted or maintained a proceeding before the Court primarily for delay, or that the taxpayer’s position in such a proceeding is frivolous or groundless. In the present case, prior to trial petitioner moved to dismiss for lack of subject matter jurisdiction, and at trial he moved for summary judgment. Both of these motions contained frivolous arguments and were denied. Petitioner provided no factual evidence at trial, instead relying upon a reiteration of the frivolous arguments contained in the petition, motions, and other correspondence to the Court. These frivolous arguments do little more than recite code sections and case law which are irrelevant, taken completely out of context, or are otherwise misapplied. In this case, as in Funk v. Commissioner, supra, “We perceive no need to refute these arguments with somber reasoning and copious citation of precedent; to do so might suggest thatPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011