Robert D. Hill - Page 10

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          attempt to comply with the provisions of the Internal Revenue               
          Code and any failure to exercise ordinary and reasonable care in            
          the preparation of a tax return.  Sec. 6662(c); ASAT, Inc. v.               
          Commissioner, 108 T.C. 147, 175 (1997); sec. 1.6662-3(b)(1),                
          Income Tax Regs.   An accuracy-related penalty under section                
          6662(a) does not apply to any part of an underpayment if the                
          taxpayer shows that there was reasonable cause for that part and            
          that the taxpayer acted in good faith.  Sec. 6664(c)(1).                    
               Petitioner’s failure to report any income and reliance on              
          frivolous arguments are not what a reasonable and prudent person            
          would do under the circumstances.  We sustain respondent’s                  
          determination as to this issue.                                             
          E.   Penalty Under Section 6673(a)                                          
               Respondent moved the Court to impose a penalty under section           
          6673(a).  Respondent asserts that petitioner’s position in this             
          case is frivolous and groundless.  Respondent also asserts that             
          petitioner instituted this proceeding primarily for the purpose             
          of delay.                                                                   
               Section 6673(a)(1) authorizes the Court to require a                   
          taxpayer to pay to the United States a penalty of up to $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.           
          Petitioner did not offer any evidence at trial, nor did he                  






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