- 12 - Petitioner has failed to raise a spousal defense, and he does not suggest any collection alternatives. He has conceded those matters. See Rule 331(b)(5). We find that no genuine issue as to any material fact remains and, accordingly, we sustain the Appeals officer’s determination to maintain the lien filing and proceed with the proposed levy. Section 6673(a)(1) authorizes the Tax 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 the proceeding is frivolous or groundless. In the instant case, petitioner has raised the same tax protester arguments that we have previously and consistently rejected as frivolous and groundless. At the Appeals hearing, petitioner was given a copy of our opinion in Pierson v. Commissioner, 115 T.C. 576 (2000), and he was warned against asserting those arguments in the Tax Court. Petitioner stated in response: “I don’t have to abide by any Tax Court decision, and you know that.” We are convinced that petitioner instituted and maintained these proceedings primarily for delay, and, accordingly, we impose a penalty of $1,000. An appropriate order and decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011