John J. Green - Page 6




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          Accordingly, we hold that this Court has jurisdiction in this               
          case and deny petitioner’s motion to dismiss for lack of                    
          jurisdiction.                                                               
               Because our denial of petitioner’s motion to dismiss will              
          serve to allow petitioner to proceed in this case, we take this             
          opportunity to advise petitioner of the provisions of section               
          6673(a)(1).  As relevant herein, that section authorizes the                
          Court to require a taxpayer to pay to the United States a penalty           
          not in excess of $25,000 whenever it appears that proceedings               
          have been instituted or maintained by the taxpayer primarily for            
          delay or that the taxpayer’s position in such proceeding is                 
          frivolous or groundless.  The Court has repeatedly indicated its            
          willingness to impose such penalties in lien and levy review                
          cases.  See, e.g., Roberts v. Commissioner, 118 T.C. 365, 372-373           
          (2002); Pierson v. Commissioner, 115 T.C. 576, 580-581 (2000).              
          The Tax Court has in fact imposed a penalty in a number of such             
          cases.  See, e.g., Roberts v. Commissioner, supra at 373                    
          (imposing a penalty pursuant to section 6673 of $10,000); Crow v.           
          Commissioner, T.C. Memo. 2002-149 (imposing a penalty pursuant to           
          section 6673 of $1,500); Newman v. Commissioner, T.C. Memo. 2002-           
          135 (imposing a penalty pursuant to section 6673 of $1,000).                
               Petitioner advances some of the same arguments that led to             
          the imposition of a penalty in Roberts v. Commissioner, supra               
          (the taxpayer argued that since IRS used a computer-generated               






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