Eryck C. Aston - Page 12

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          alternatives as part of his correspondence hearing.  Petitioner             
          has failed to raise a spousal defense or make a valid challenge             
          to the appropriateness of respondent’s intended collection                  
          action.  These issues are now deemed conceded.  See Rule                    
          331(b)(4).  Accordingly, we conclude that respondent did not                
          abuse his discretion, and we sustain respondent’s determination             
          to proceed with collection.                                                 
          III. Section 6673(a)                                                        
               Section 6673(a)(1) authorizes this Court to require a                  
          taxpayer to pay to the United States a penalty not to exceed                
          $25,000 if the taxpayer took frivolous positions in the                     
          proceedings or instituted the proceedings primarily for delay.  A           
          position maintained by the taxpayer is “frivolous” where it is              
          “contrary to established law and unsupported by a reasoned,                 
          colorable argument for change in the law.”  Coleman v.                      
          Commissioner, 791 F.2d 68, 71 (7th Cir. 1986).                              
               At trial, the Court advised petitioner that to address the             
          issue of his underlying liability he needed to focus on the                 
          issues in the notices of deficiency; i.e., whether he earned the            
          income determined, whether he had the gross receipts determined,            
          and whether he could prove entitlement to the deductions he                 
          claimed.  The Court advised petitioner, as we had in Aston I                
          (which petitioner tried immediately before this case), that the             
          arguments he was advancing were frivolous and groundless and had            






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