- 7 - position is frivolous or groundless, or if the taxpayer unreasonably failed to pursue administrative remedies. Sec. 6673. A taxpayer's position is frivolous or groundless 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). Petitioner contends that his argument is not frivolous and that he is not using this case for delay. We disagree. Respondent told petitioner by letter dated June 3, 1999, that his return included frivolous arguments that had no basis in law. Petitioner responded by letter dated July 2, 1999, in which he repeated his legal position. In letters dated January 17 and 29, 2001, respondent asked petitioner for his legal and factual basis for excluding amounts reported on the Forms 1099 attached to petitioner’s 1998 income tax return. Petitioner responded with a document in which he contends that only income from international or foreign commerce is taxable. Respondent gave copies of 18 cases to petitioner in which courts had rejected his argument and warned him of the potential for liability under section 6673. Despite this, petitioner persisted in maintaining frivolous positions in his pretrial memorandum and other documents filed with the Court. Petitioner took frivolous positions in a prior case. See Rayner v. United States, 2001-1 USTC par. 50,342, 87 AFTR 2d 2001-1649 (5th Cir. 2001). In that case, the U.S. Court of Appeals for the Fifth Circuit affirmed dismissal of petitioner’sPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011