-6- v. Commissioner, T.C. Memo. 2004-194; Green v. Commissioner, T.C. Memo. 2003-264; Brown v. Commissioner, T.C. Memo. 2003-261; Dunham v. Commissioner, T.C. Memo. 2003-260; Hodgson v. Commissioner, T.C. Memo. 2003-122. On the basis of the record before us, we are convinced that petitioner has instituted and maintained these proceedings primarily for delay and that he has cognizantly advanced in this proceeding only frivolous and groundless arguments. We note four occasions on which petitioner has been informed that his arguments are groundless and/or frivolous. First, in an Oral Opinion of this Court dated September 26, 2000, affd. Hamzik v. Commissioner, 25 Fed. Appx. 911 (9th Cir. 2001), a case that concerned petitioner’s 1996 taxable year, the Court admonished petitioner that the arguments which he made there, which were similar to the arguments which he makes here, were “frivolous”. The Court also informed petitioner that we would have considered imposing upon him a penalty under section 6673 had such a request been made by respondent. Id. Second, petitioner by his own admission (set forth in his response) acknowledges that, upon his appeal of that case to the Court of Appeals for the Ninth Circuit, the Court of Appeals sanctioned him for advancing frivolous arguments there. Third, in Hamzik v. United States, 92 AFTR 2d 2003-5743 (Fed. Cl. 2003), a case involving petitioner’s claim for refunds of 1995 and 1997 Federal incomePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011