John R. Rinn and Donnie J. Rinn - Page 14

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          were required to make estimated tax payments for their 1995                 
          through 2000 tax years.15  Petitioners do not dispute that they             
          made no estimated tax payments for these years.  Further,                   
          petitioners do not fall within any of the statutory exceptions to           
          the section 6654 addition to tax.  Consequently, we sustain the             
          imposition of section 6654 additions to tax for petitioners’ 1995           
          through 2000 tax years.16                                                   
               C.   Section 6673(a)(1) Penalty                                        
               Respondent has not asked that we impose a section 6673(a)(1)           
          penalty, even though petitioners’ filings in this case and their            
          submissions to respondent have included numerous frivolous                  
          arguments.  At trial, we warned petitioners that we might impose            
          a section 6673(a)(1) penalty if they continued to raise these               
          arguments.  After trial, petitioners filed no brief and have not            
          otherwise continued to pursue frivolous arguments in this                   
          proceeding.  On the assumption that petitioners have heeded our             
          warning, we shall not impose a section 6673(a)(1) penalty.  We              


               15 As previously noted, we consider petitioners to have                
          conceded or waived any issue as to whether respondent properly              
          allocated to Mrs. Rinn a share of Mr. Rinn’s dental practice                
          income, as community property income.                                       
               16 In the Rule 155 computation, we anticipate that the                 
          parties will make appropriate adjustments to the sec. 6654                  
          additions to tax to account for respondent’s concession that                
          Mr. and Mrs. Rinn should be treated as married persons filing               
          separate returns, with no double counting in Mr. Rinn’s taxable             
          income of community-property items included in the computation of           
          Mrs. Rinn’s taxable income.                                                 





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