Brian Hilvety - Page 8

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          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).                                                    





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