Richard Wos - Page 10

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          production with respect to the additions to tax under section               
          6654(a) for the years at issue.  On that record, we further find            
          that petitioner has failed to establish that any of the excep-              
          tions in section 6654(e) apply in the instant case.  On the                 
          record before us, we find that petitioner is liable for each of             
          the years at issue for an addition to tax under section 6654(a).            
               Although respondent does not ask the Court to impose a                 
          penalty on petitioner under section 6673(a)(1), the Court will              
          sua sponte determine whether to impose such a penalty.  Section             
          6673(a)(1) authorizes the Court to require a taxpayer to pay to             
          the United States a penalty in an amount not to exceed $25,000              
          whenever it appears to the Court, inter alia, that the taxpayer’s           
          position in a proceeding before the Court is frivolous or ground-           
          less, sec. 6673(a)(1)(B).                                                   
               In the Court’s March 10, 2003 Order, at the call of this               
          case from the calendar on March 24, 2003, and at the call of this           
          case on that date for trial, the Court reminded petitioner about            
          section 6673(a)(1) and indicated that, in the event petitioner              
          continued to make statements, contentions, and arguments as to              
          why his net profit for each of the years at issue from his                  
          washing machine repair business and his pension income for 1997             
          are not subject to tax that the Court finds to be frivolous                 
          and/or groundless, the Court would be inclined to impose a                  
          penalty under that section.  Nonetheless, petitioner continued to           






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