Gregory L. Shireman - Page 10

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          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 payments            






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