- 9 - v. Connett, 908 F.2d 521, 525 (9th Cir. 1990). Accordingly, we find petitioner’s arguments to be specious and without merit. From the transcript of petitioner’s Appeals conference, it is clear that respondent’s Appeals officer met the letter and spirit of the statutory requirement to provide a full and fair hearing. In addition, petitioner was provided with documents that satisfied respondent’s verification requirement. Accordingly, we hold that respondent has not abused his discretion in determining to proceed with collection as set forth in the March 1, 2001, Final Notice--Notice of Intent to Levy and Notice of Your Right to a Hearing, sent to petitioner with respect to the 1998 tax liability. Finally, respondent has moved for a penalty under section 6673 on the ground that petitioner’s arguments are frivolous and that he instituted and maintained this proceeding merely for delay. Section 6673 provides that this Court may impose a penalty, not to exceed $25,000, where it finds that a taxpayer’s position in the proceeding is frivolous and/or that the proceeding was instituted and maintained primarily for delay. Section 6673 penalties may be imposed in a lien and levy case. Pierson v. Commissioner, 115 T.C. 576, 580-581 (2000). In addition to questioning the authenticity of respondent’s documentation, petitioner has interposed protester arguments which have, on numerous occasions, been rejected by the courts.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011