Brenda H. Robinson - Page 10




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          named in the notice of deficiency because the name on the notice            
          of deficiency was spelled in capital letters is also frivolous.             
          See Johnson v. Commissioner, T.C. Memo. 1999-312, affd. without             
          published opinion 242 F.3d 382 (9th Cir. 2000).                             
               Petitioner relies on Fed. Crop Ins. Corp. v. Merrill, 332              
          U.S. 380, 384 (1947), for the proposition that her position is              
          not frivolous.  She contends that Fed. Crop Ins. Corp. stands for           
          the proposition that--                                                      
               anyone entering into an arrangement with the Government                
               takes the risk of having accurately ascertained that he                
               who purports to act for the Government stays within the                
               bounds of his authority.  * * * this is so even though                 
               * * * the agent himself may have been unaware of the                   
               limitations upon his authority.                                        
          Petitioner contends that she acted as she did because she did not           
          want to risk dealing with employees of respondent who lacked                
          authority to act.  We disagree.                                             
               It is well settled that the argument that the Commissioner             
          and his or her delegates have no power or authority to administer           
          the internal revenue laws because of invalid or nonexistent                 
          delegations of authority is frivolous.  Lonsdale v. United                  
          States, 919 F.2d 1440, 1445-1447 (10th Cir. 1990).                          
               Respondent wrote to petitioner on December 19, 2001, and               
          warned her that if she continued asserting frivolous arguments,             
          respondent might seek an award of damages under section 6673.               
          Respondent also warned petitioner about damages under section               
          6673 in respondent’s response to petitioner’s request for                   






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