- 15 - proceeding that is frivolous or groundless, or unreasonably failed to pursue administrative remedies. While we acknowledge respondent’s concerns regarding petitioner’s arguments in this case, we are unable to conclude on this record that petitioner instituted or maintained these proceedings primarily for delay or that petitioner unreasonably failed to pursue available administrative remedies. Petitioner timely filed her petition in this case and has not taken any steps to unduly prolong this proceeding. She has responded to this Court’s orders by filing a timely response to respondent’s motion, and she has even prepared and submitted a trial memorandum required by the Court’s standing pretrial order issued on October 10, 2002. In addition, at the administrative level, petitioner made several attempts to communicate with respondent although the letters that she sent were confused, uninformative, and not helpful in determining whether a levy was an appropriate collection activity. The letters reflected a profound confusion on the part of petitioner regarding her entitlement to refunds and credits arising from such things as the personal exemption and the credit for the disabled and elderly. We are not prepared on this record to equate petitioner’s apparent confusion with a deliberate attempt on her part to delay or obfuscate. We also note that the record fails to establish that all of petitioner’s claims were frivolous or groundless. WhilePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011