David Andrew and Kathleen Stilwell Schmith - Page 18




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          having to deal with this matter wasted the Court's time, as well            
          as respondent's, and taxpayers with genuine controversies may               
          have been delayed.                                                          
               Also relevant is the fact that petitioners are, or should              
          be, well aware of the provisions of section 6673.  After all, at            
          the administrative conference on August 21, 2001, the Appeals               
          officer advised petitioners that they were advancing frivolous              
          arguments; he provided them with a copy of this Court’s opinion             
          in Pierson v. Commissioner, 115 T.C. 576 (2000), and he referred            
          them to this Court’s opinion in Davis v. Commissioner, T.C. Memo.           
          2001-87 (imposing a penalty in the amount of $4,000).                       
               Under the circumstances, we shall grant respondent’s oral              
          motion for the imposition of a penalty in that we shall impose a            
          penalty on petitioners pursuant to section 6673(a)(1) in the                
          amount of $1,000.                                                           
               In order to give effect to the foregoing,                              


                                             An appropriate order granting            
                                        respondent's motions and decision             
                                        for respondent will be entered.               













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