- 9 - 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 argumentsPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011