John P. Trowbridge, Life Center Houston Business Trust, John P. Trowbridge, Trustee, and Life Choices Business Trust, John P. Trowbridge, Trustee - Page 26

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                        (1) Procedures instituted primarily for                       
                   delay, etc.–-Whenever it appears to the Tax                        
                   Court that--                                                       
                             (A) proceedings before it have been                      
                        instituted or maintained by the taxpayer                      
                        primarily for delay,                                          
                             (B) the taxpayer’s position in such                      
                        proceeding is frivolous or groundless,                        
                   or                                                                 
                             *   *   *   *   *   *   *                                
              the Tax Court, in its decision, may require the                         
              taxpayer to pay to the United States a penalty not in                   
              excess of $25,000.                                                      
              The purpose of section 6673 “is to compel taxpayers to think            
         and to conform their conduct to settled principles before they               
         file returns and litigate.”  Coleman v. Commissioner, 791 F.2d               
         68, 71 (7th Cir. 1986); see also Grasselli v. Commissioner, T.C.             
         Memo. 1994-581 (quoting Coleman).  A taxpayer’s position is                  
         frivolous if it is contrary to established law and unsupported by            
         a reasoned, colorable argument for change in the law.  E.g., Nis             
         Family Trust v. Commissioner, 115 T.C. 523, 544 (2000).  We need             
         not find specific damages to invoke section 6673(a)(1); rather,              
         that section is a penalty provision, intended to deter and                   
         penalize frivolous claims and positions in deficiency                        
         proceedings.  Bagby v. Commissioner, 102 T.C. 596, 613-614                   
         (1994).                                                                      
              Dr. Trowbridge does not here argue for any change in the                
         law, and there is no plausible argument that, as maintained in               






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