Roy J. Chase - Page 12

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          arguments through his posttrial brief.  Apparently petitioner               
          expects that, if he feigns sincere belief, he will avoid                    
          penalties.  Petitioner is obviously intelligent and articulate,             
          but he has persevered too long to have any credibility.  Serious            
          sanctions are necessary to deter him and others similarly                   
          situated.  Under these circumstances, section 6673 provides in              
          relevant part:                                                              
                    SEC. 6673(a).  Tax Court Proceedings.--                           
                         (1) Procedures instituted primarily for                      
                    delay, etc.--Whenever it appears to the Tax Court                 
                    that--                                                            
                              (A) proceedings before it have been                     
                         instituted or maintained by the taxpayer                     
                         primarily for delay,                                         
                              (B) the taxpayer’s position in such                     
                         proceeding is frivolous or groundless, or                    
                              (C) the taxpayer unreasonably failed to                 
                         pursue available administrative remedies,                    
                    the Tax Court, in its decision, may require the                   
                    taxpayer to pay to the United States a penalty not                
                    in excess of $25,000.                                             
          Petitioner was specifically warned by respondent and by the Court           
          of the likelihood of a penalty under section 6673 if he persisted           
          in his frivolous arguments, and he has persisted.  He did so even           
          when the Court ordered briefs limited to the question of fraud.             
          See Granado v. Commissioner, 792 F.2d 91, 94 (7th Cir. 1986),               
          affg. T.C. Memo. 1985-237.  A penalty will be awarded to the                
          United States in the amount of $20,000.                                     






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