Brian G. Takaba - Page 14




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          consulted a legal research firm that reported to him:  “That they           
          found no case, rule, or regulation addressing the argument that             
          domestic and foreign source rules under Section 861, modify or              
          limit the definition of gross income under Section 61.”                     
                                     Discussion                                       
          I.  Introduction                                                            
               By the motion for damages, respondent has asked that we                
          impose a penalty on petitioner in the amount of $25,000, or in              
          such lesser amount that we deem appropriate, pursuant to section            
          6673(a)(1).  On our own, because of Mr. Sulla’s advocacy of                 
          petitioner’s positions in this case, we have ordered Mr. Sulla to           
          show cause why we should not impose costs on him pursuant to                
          section 6673(a)(2).                                                         
          II.  Section 6673                                                           
               In pertinent part, section 6673 provides:                              
               SEC. 6673 SANCTIONS AND COSTS AWARDED BY COURTS                        
                    (a)  Tax Court Proceedings.--                                     
                         (1) Procedures instituted primarily for                      
                    delay, etc.–-Whenever it appears to the Tax Court                 
                    that--                                                            
                              (A) proceedings before it have been                     
                         instituted or maintained by the taxpayer                     
                         primarily for delay,                                         
                              (B) the taxpayer’s position in such                     
                         proceeding is frivolous or groundless, or                    
                              (C) the taxpayer unreasonably                           
                         failed to pursue available                                   
                         administrative remedies,                                     





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