Michael T. Carey and Leone R. Carey - Page 10

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          1997 return.  Thus, respondent is entitled to summary judgment              
          that petitioners may not deduct car and truck, office, and                  
          mortgage interest expenses for 1997.                                        
          B.   Whether Respondent Is Entitled to Summary Judgment Relating            
               to the Section 6673 Penalty                                            
               The Court may impose on a taxpayer a penalty of up to                  
          $25,000 if the taxpayer instituted or maintained proceedings                
          primarily for delay, if the taxpayer's position is frivolous or             
          groundless, or if the taxpayer unreasonably failed to pursue                
          administrative remedies.  Sec. 6673(a).                                     
               In their petition, petitioners contended: (1) They had no              
          unreported income or tax liability; (2) respondent failed to                
          identify Code sections which establish their liability for tax;             
          (3) respondent failed to provide them with certified assessment             
          information; (4) respondent failed to identify the person making            
          the adjustments on which the determination was based; (5) the               
          determination is a naked assessment because it is based on                  
          hearsay evidence; and (6) respondent must show certified evidence           
          to support the determination before this case can proceed to                
          trial.  The Court struck most of these allegations of error from            
          the petition for failure to state a claim.  After the Court                 
          ordered petitioners to amend their petition to raise justiciable            
          issues, petitioners filed an amended petition, most of which was            
          also stricken by the Court.  Petitioners’ contentions are                   
          frivolous, see Nestor v. Commissioner, 118 T.C. 162, 166-167                





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