Joseph W. McBride - Page 9

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            petitioner’s 1996 taxable year as set forth in the notice                 
            of determination.                                                         
                 We note that section 6673(a)(1) authorizes the Court to              
            require a taxpayer to pay to the United States a penalty of               
            up to $25,000 whenever it appears that the proceeding has                 
            been instituted or maintained by the taxpayer primarily for               
            delay or that the taxpayer’s position in such proceedings is              
            frivolous or groundless.  In this case, we conclude that the              
            position advanced by petitioner is frivolous and groundless.              
            Nevertheless, respondent has not asked for penalties under                
            section 6673 to be imposed, and we choose not to do so at                 
            this time.  We caution petitioner that such penalties under               
            section 6673 may be imposed if he continues to advance the                
            same frivolous and groundless arguments in the future.                    
                 Upon consideration of the above,                                     


                                           An appropriate Order and                   
                                     Decision authorizing respondent                  
                                     to proceed with collection will                  
                                     be entered.                                      












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