- 25 - 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). Petitioners do not here argue for any change in the law, and there is no plausible argument that, as maintained in the disclaimers attached to their Forms 1040 and 1040EZ, the payment of income taxes is voluntary. E.g., Woods v. Commissioner, 91 T.C. 88, 90 (1988). Similarly, there is no plausible argument that, as maintained in the petitions, subjecting petitioners to the same rate of tax that applies to Federal employees constitutes impermissible disparate treatment. See Rogers v. Commissioner, T.C. Memo. 2001-20, affd. without published opinion 281 F.3d 1278 (5th Cir. 2001). Whatever legitimate arguments may underlie their assignments of error, petitioners have emphasizedPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011