- 18 - A review of the record in this case convinces us that petitioner’s position in this proceeding is both frivolous and groundless and that petitioner maintained and prolonged these proceedings primarily for delay. In so ruling we take into account all aspects of petitioner’s conduct in this case. Petitioner’s initial petition lacks any explanation of the basis of his disagreement with respondent and fails to comply with Rule 31(a), which states that the purpose of the pleadings is to give the parties and the Court fair notice of the matters in controversy and the basis for their respective positions. Petitioner’s amended petition avers no particular facts with respect to respondent’s determination but, for the most part, asserts that the notice of deficiency was invalid because respondent failed to execute substitutes for returns. Petitioner appeared to be intelligent and knew, or should have known, that his arguments were contrary to well-established law and thus were frivolous. Moreover, the Court repeatedly informed petitioner that his claims were frivolous and warned him of possible sanctions. Rather than heed the warning of the Court, petitioner elected to continue to proceed with time-worn tax protester rhetoric. He filed his motion for summary judgment claiming that respondent’s failure to file substitutes for returns invalidated the notice of deficiency and, consequently, he was entitled toPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011