- 22 - Mr. and Mrs. Norton are liable for the additions to tax under section 6651(a). IV. Are Mr. and Mrs. Norton Liable for Penalties Imposed Under Section 6673? Respondent requests that we impose a penalty under section 6673 on Mr. and Mrs. Norton. Section 6673(a)(1) authorizes this Court to require a taxpayer to pay to the United States a penalty not to exceed $25,000 if the taxpayer took frivolous positions in the proceedings or instituted the proceedings primarily for delay. A position maintained by a taxpayer in the Tax Court is frivolous “if it is contrary to established law and unsupported by a reasoned, colorable argument for change in the law.” Coleman v. Commissioner, 791 F.2d 68, 71 (7th Cir. 1986). A penalty is properly imposed when the taxpayer knew or should have known that his claim or argument was frivolous. See Hansen v. Commissioner, 820 F.2d 1464, 1470 (9th Cir. 1987). We find that petitioners’ arguments are frivolous. They have caused this Court to waste its limited resources on their erroneous views of the tax law which they should have known are completely without merit. In view of the foregoing, the Court will exercise its discretion under section 6673(a)(1) and require Mr. and Mrs. Norton to pay a penalty to the United States in the amount of $5,000.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011