Thomas G. Brenner - Page 20

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               Petitioner’s Fifth Amendment privilege does not prevent us             
          from imposing the penalty.  See, e.g., Cabirac v. Commissioner,             
          120 T.C. 163 (2003); Rodriguez v. Commissioner, T.C. Memo.                  
          2003-105; Edwards v. Commissioner, T.C. Memo. 2002-169; Wheelis             
          v. Commissioner, T.C. Memo. 2002-102.  We do not impose sanctions           
          on petitioner for refusing to testify, but rather for instituting           
          and maintaining these proceedings primarily for delay and                   
          persisting in advancing arguments that are frivolous.                       
               The Court’s time and resources have been wasted.  Petitioner           
          was specifically warned by the Court of the likelihood of a                 
          penalty under section 6673 if he persisted in his frivolous                 
          arguments, and he has persisted.  Petitioner could have avoided             
          the penalty we now award to the United States, and other people             
          should avoid it, by even the most minimal concern for settled               
          rules.  Serious sanctions are necessary to deter petitioner and             
          others similarly situated; the penalty must be substantial for it           
          to have a deterrent effect.  See Takaba v. Commissioner, 119 T.C.           
          285, 295 (2002) (citing Coleman v. Commissioner, supra at 71).              
          Consequently, a penalty under section 6673 will be awarded to the           
          United States in the amount of $15,000.                                     
               The amounts of the deficiencies resulting from the corrected           
          amounts of petitioner’s business income as conceded by respondent           









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