- 11 - Where, as is the case here, the validity of the underlying tax liability is not properly placed at issue, the Court will review the determination of the Commissioner of Internal Revenue for abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 181-182 (2000). As was true of petitioner’s attachment to his 1997 return, petitioner’s attachment to his 1998 return, petitioner’s July 15, 1999 letter, petitioner’s attachments to Form 12153 regarding notice of tax lien, petitioner’s attachments to Form 12153 regarding notice of levy, and petitioner’s May 8, 2002 letter, petitioner’s response to respondent’s motion (petitioner’s response) contains contentions, arguments, and requests that the Court finds to be frivolous and/or groundless.8 Based upon our examination of the entire record before us, we find that respondent did not abuse respondent’s discretion in determining to proceed with the collection actions as determined in the notice of determination with respect to petitioner’s taxable years 1997 and 1998. In respondent’s motion, respondent requests that the Court require petitioner to pay a penalty to the United States pursuant 8The contentions, arguments, and requests set forth in petitioner’s response are very similar to the contentions, arguments, and requests set forth in responses by certain other taxpayers with cases in the Court to motions for summary judgment and to impose a penalty under sec. 6673 filed by the Commissioner of Internal Revenue in such other cases. See, e.g., Fink v. Commissioner, T.C. Memo. 2003-61.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011