- 10 - supra at 120-121; Cipolla v. Commissioner, T.C. Memo. 2004-6; Weishan v. Commissioner, supra; Lindsey v. Commissioner, supra. Petitioner has not presented any evidence or persuasive arguments to convince us that respondent abused his discretion. As a result, we hold the issuance of the notice of determination was not an abuse of respondent’s discretion and respondent may proceed with collection. The Court may sua sponte determine whether to impose a penalty under section 6673(a) against petitioner. Pierson v. Commissioner, 115 T.C. 576, 580 (2000); Jensen v. Commissioner, 2004-120; Frey v. Commissioner, T.C. Memo. 2004-87; Frank v. Commissioner, T.C. Memo. 2003-88; Robinson v. Commissioner, T.C. Memo. 2003-77. Section 6673(a)(1) authorizes the Court to require a taxpayer to pay the United States a penalty in an amount not to exceed $25,000 whenever it appears to the Court the taxpayer’s position in such a proceeding is frivolous or groundless. Sec. 6673(a)(1)(B). As a pro se litigant, petitioner struggled in making proper arguments. However, we believe petitioner instituted this action in good faith. There is no evidence that petitioner has previously been a litigant in this Court, nor are we persuaded that petitioner maintained this suit primarily to delay paymentsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011