Gregory R. Brown - Page 8

                                        - 8 -                                         
          warning given by letter dated February 7, 2002, at the section              
          6330 hearing on March 28, 2002, and by the Court, petitioner                
          authorized Mr. Jewett to continue to assert frivolous arguments.            
               Petitioner should be treated the same as other taxpayers               
          similarly situated.  Petitioner is not entitled to a free ride.             
          Dunham v. Commissioner, supra; Brodman v. Commissioner, supra.              
          As a result, we hold that a penalty of $5,000 against petitioner            
          is awarded to the United States in this case pursuant to section            
          6673(a)(1).                                                                 
               Mr. Jewett’s arguments do not present justiciable issues and           
          ignore established law. All of Mr. Jewett’s arguments on behalf             
          of petitioner had been rejected by the Court in numerous cases.             
          See Dunham v. Commissioner, supra; Brodman v. Commissioner, supra           
          (and the cases cited therein).                                              
               Mr. Jewett’s approach is an abuse of the judicial system               
          which can result in penalties being imposed upon him under                  


               2(...continued)                                                        
                         (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,                                     
               the Tax Court, in its decision, may require the taxpayer to            
               pay to the United States a penalty not in excess of $25,000.           




Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011