Steve M. and Khristine Norton, et al. - Page 22




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          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.                                                           









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