- 16 - portion of the underpayment in either year was not attributable to fraud. Therefore, we will sustain in full respondent’s determinations of fraud for both years. Section 6673 Penalty We note that section 6673(a)(1) authorizes the Court to require a taxpayer who has instituted or maintained a proceeding primarily for delay, or whose position is frivolous or groundless, to pay a penalty to the United States. See Williams v. Commissioner, 119 T.C. 276, 280-281 (2002); Bagby v. Commissioner, 102 T.C. 596, 614 (1994); Stamos v. Commissioner, 95 T.C. 624, 638 (1990), affd. without published opinion 956 F.2d 1168 (9th Cir. 1992). The Court may consider the imposition of such a penalty sua sponte. See, e.g., Jones v. Commissioner, T.C. Memo. 2003-131; Hawes v. Commissioner, T.C. Memo. 1999-152; Bierhaalder v. Commissioner, T.C. Memo. 1993-164, affd. without published opinion 16 F.3d 415 (10th Cir. 1994). As our previous discussion indicates, petitioner’s failure to engage in any meaningful pretrial preparation, his failure to appear for trial, and his other efforts to protract this proceeding are evidence that he instituted and maintained it primarily for delay. Respondent has not sought a penalty under section 6673(a)(1), however, and we will not impose one in these circumstances. Petitioner is nonetheless cautioned that shouldPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011