Ryan David Funk - Page 8

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               We see no need to catalog petitioner’s arguments and                   
          painstakingly address them.  As the Court of Appeals for the                
          Fifth Circuit has remarked:  “We perceive no need to refute these           
          arguments with somber reasoning and copious citation of                     
          precedent; to do so might suggest that these arguments have some            
          colorable merit.”  Crain v. Commissioner, 737 F.2d 1417, 1418               
          (5th Cir. 1984).                                                            
               The question that remains is whether respondent nevertheless           
          must offer evidence in support of the addition to tax under                 
          section 6651(a)(1).  Respondent cites our holding in Swain v.               
          Commissioner, 118 T.C. 358 (2002), in support of his position               
          that he is not obliged to offer such evidence in this case.                 
               In Swain v. Commissioner, supra, the taxpayer filed a                  
          petition contesting a notice of deficiency in which the                     
          Commissioner determined that the taxpayer was liable for income             
          tax deficiencies and accuracy-related penalties under section               
          6662(a) for the years in issue.  In response to the petition, the           
          Commissioner filed (and we granted) a motion to strike the vast             
          majority of the allegations in the petition on the ground that              
          such allegations were frivolous and groundless.  The only                   
          allegation remaining in the petition related to the taxpayer’s              
          argument that the period of limitations on assessment had                   
          expired.                                                                    








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