- 8 - statements, contentions, and arguments that he was advancing in his trial memorandum and that he attempted to advance at trial were frivolous and/or groundless. Moreover, the Court reminded petitioner before and during trial about section 6673(a)(1) and admonished him that, in the event he continued to make frivolous and/or groundless statements, contentions, and arguments, the Court would be inclined to impose a penalty on him under that section. Nonetheless, petitioner persisted throughout the course of the proceedings in this case in advancing frivolous and/or groundless questions, statements, contentions, and arguments. Section 6673(a)(1) authorizes the Court to impose a penalty in favor of the United States in an amount not to exceed $25,000 whenever it appears that a taxpayer’s position in a proceeding is frivolous and/or groundless or that the taxpayer institutes or maintains a proceeding in the Court primarily for delay. On the instant record, we find that petitioner’s position in this case is frivolous and/or groundless5 and that he instituted and maintained this proceeding primarily for delay. Accordingly, we shall impose a penalty on petitioner under section 6673(a)(1) in the amount of $500. 5Although not pled in the petition, petitioner argues for the first time in petitioner’s supplement to petitioner’s trial memorandum that the period of limitations under sec. 6501 with respect to his taxable year 1997 has expired. That argument is groundless. Petitioner did not file a tax return for 1997. We hold that the period of limitations for that year has not ex- pired. Sec. 6501(c)(3).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011