- 9 - Petitioner has 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). Accordingly, we conclude that respondent did not abuse his discretion, and we sustain respondent’s determination. 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. In Pierson v. Commissioner, 115 T.C. 576, 581 (2000), we issued an unequivocal warning to taxpayers concerning the imposition of a penalty pursuant to section 6673(a) on those taxpayers who abuse the protections afforded by sections 6320 and 6330 by instituting or maintaining actions under those sections primarily for delay or by taking frivolous or groundless positions in such actions. In the petition, petitioner raised frivolous arguments and contentions that we have previously rejected and which we conclude were interposed primarily for delay.2 This has caused 2 In the case at bar, petitioner appears to be following a strategy similar to the one provided to him at the hearing by Thomas Smith. Although these frivolous arguments may have been provided by Mr. Smith, it was petitioner’s choice to follow this bad advice, and petitioner must face the consequences of his actions.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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