- 6 - dependent upon any facts. Therefore, discovery of unspecified facts allegedly in possession of the Commissioner is simply unnecessary in this case. Second, Moore offers no facts or evidence to establish that the impartiality of the tax court judge might reasonably be questioned. Moore’s subjective beliefs and the tax court’s adverse rulings in his case are insufficient to demonstrate that the tax court judge was biased and prejudiced against him. * * * Moore v. Commissioner, 66 Fed. Appx. 625, 626 (6th Cir. 2003). In part because petitioner’s appeal was not decided before the present case went to trial, we decline to require petitioner to pay a penalty under section 6673(a)(1) at this time. Nevertheless, the imposition of such a penalty remains within the discretion of this Court if petitioner continues to advance frivolous arguments which waste limited judicial and administrative resources. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6
Last modified: May 25, 2011