David J. Edwards - Page 2

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          that petitioner must pay respondent and the amount of                       
          respondent’s costs under section 6673(a)(2) that petitioner’s               
          counsel, Noel W. Spaid, must pay respondent.                                
          Background                                                                  
               This case was tried in 2001 over 2 days separated by more              
          than 5 months.  In Edwards v. Commissioner, T.C. Memo. 2002-169,            
          we held petitioner had failed to report income in 1996, was not             
          entitled to various deductions claimed for 1996 and 1997, and was           
          liable for accuracy-related penalties under section 6662(a).  We            
          also found petitioner had unreasonably failed to pursue                     
          administrative remedies and had taken frivolous and groundless              
          positions and would be liable for a penalty under section                   
          6673(a)(1) in an amount to be determined; we also found Ms. Spaid           
          had recklessly and knowingly made frivolous arguments on                    
          petitioner’s behalf and that she would be required to pay, under            
          section 6673(a)(2), respondent’s excess costs, expenses, and                
          attorney’s fees.  We deferred setting the penalty under section             
          6673(a)(1) and Ms. Spaid’s liability under section 6673(a)(2)               
          until the parties responded to our inquiries into respondent’s              
          excess costs attributable to the misconduct of petitioner and Ms.           
          Spaid.  We ordered respondent to submit an affidavit of costs,              
          expenses, and attorney’s fees that could appropriately be taken             
          into account in determining the penalty on petitioner under                 
          section 6673(a)(1) and Ms. Spaid’s liability to respondent under            






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