- 11 - June 1999 bankruptcy petition; the intentional interposition of automatic stays to thwart this Court’s orders, Rules, or commands; and his intentional misrepresentation regarding the nonexistent bankruptcy proceeding deserve separate rebuke. In that regard, contempt of court may be civil or criminal, depending upon the purpose being served. Ryan v. Commissioner, 67 T.C. 212, 222 (1976), affd. 568 F.2d 531 (7th Cir. 1977). “[C]ivil contempt is coercive and remedial in character whereas criminal contempt is punitive to vindicate the authority of the Court. See, e.g., Gompers v. Buck’s Stove & Range Co., 221 U.S. 418 (1911); Shillitani v. United States, 384 U.S. 364 (1966).” Id. Petitioner’s dilatory tactics were carried out in disobedience and defiance of this Court’s Rules, orders, or command. The false documentation and misrepresentations were acts intended to obstruct the administration of justice. Accordingly, it is appropriate to impose a criminal sanction under section 7456 for petitioner’s misbehavior under section 7456, in addition to the $25,000 penalty imposed under section 6673. Because of the possibility of monetary fine’s being imposed as a criminal sanction on petitioner, he was provided with an opportunity to show cause why such a fine should not be imposed. This was accomplished by the issuance of a Notice and Order toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011