- 7 - penalty, in an amount up to $25,000, on a taxpayer if the position or positions asserted in the case are frivolous or groundless. Sec. 6673(a)(1)(B). Petitioner’s arguments were those of a classic tax protester. Petitioner stated at trial that he “was taught that taxes were a slavery upon the people”. While petitioner professed that he was not opposed to taxes, he was of the view that he should pay only a “legal, lawful, constitutional tax”. Petitioner did not define what he considered to be a legal tax, asserting simply he did not believe he should be required to pay taxes, even though he admitted his income did not come from the church. Finally, petitioner acknowledged that he had appeared before this Court at least once before and argued the same issue. The Court also notes that in United States v. Buras, 633 F.2d 1356 (9th Cir. 1980), petitioner was convicted of willful failure to file Federal income tax returns. On this record, the Court will grant respondent’s oral motion and impose a penalty of $500 on petitioner for instituting a frivolous and groundless petition. Reviewed and adopted as the report of the Small Tax Case Division. An appropriate order and decision for respondent will be entered.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011