Louis S. and Laura L. Schnitzler - Page 11




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          Commissioner, supra at 167; Mann v. Commissioner, T.C. Memo.                
          2002-48.  Accordingly, we hold that the Appeals officer satisfied           
          the verification requirement of section 6330(c)(1).  Cf. Nicklaus           
          v. Commissioner, 117 T.C. 117, 120-121 (2001).                              
               Petitioners have failed to raise a spousal defense, make a             
          valid challenge to the appropriateness of respondent’s intended             
          collection action, or offer alternative means of collection.                
          These issues are now deemed conceded.  Rule 331(b)(4).  Under the           
          circumstances, we conclude that respondent is entitled to                   
          judgment as a matter of law sustaining the notice of                        
          determination dated October 4, 2001.                                        
               As a final matter, we mention section 6673(a)(1), which                
          authorizes the Tax Court to require a taxpayer to pay to the                
          United States a penalty not in excess of $25,000 whenever it                
          appears that proceedings have been instituted or maintained by              
          the taxpayer primarily for delay or that the taxpayer’s position            
          in such proceeding is frivolous or groundless.  The Court has               
          indicated its willingness to impose such penalties in collection            
          review cases.  Pierson v. Commissioner, 115 T.C. 576 (2000).                
          Although we will not impose a penalty on petitioners pursuant to            
          section 6673(a)(1) in the present case, we admonish petitioners             
          that the Court will consider imposing such a penalty should they            










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