Michael E. Nestor - Page 9




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          C.   Whether To Impose a Penalty Under Section 6673                         
               We consider on our own motion whether this Court should                
          impose a penalty against petitioner under section 6673(a).  The             
          Court may require the taxpayer to pay a penalty to the United               
          States of not more than $25,000 if the taxpayer instituted or               
          maintained proceedings primarily for delay, if the taxpayer’s               
          position is frivolous or groundless, or if the taxpayer                     
          unreasonably failed to pursue administrative remedies.  Sec.                
          6673.                                                                       
               In remanding petitioner’s 1990-91 years, we warned him that,           
          if he used the hearing to raise only frivolous issues as he did             
          in Nestor v. Commissioner, supra, we would consider an                      
          appropriate dispositive motion and imposition of a penalty under            
          section 6673.  Despite this, petitioner persisted in maintaining            
          frivolous positions in his response to the order to show cause,             
          and he sought to delay a hearing relating to his 1990-91 tax                
          years.  Petitioner’s attempt to delay the hearing for 5 months,             
          his failure to reschedule it, and his continuing to make                    
          frivolous arguments show that petitioner maintained this                    
          proceeding primarily for delay, his positions in this proceeding            
          are frivolous and groundless, and he unreasonably failed to                 
          pursue administrative remedies.  Sec. 6673(a)(1).  We do not                
          countenance the use of this Court, and lien and levy procedures             
          under section 6330, by taxpayers to pursue frivolous arguments              






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