Edward R. Arevalo - Page 23

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          title III or title IV, his $10,000 investment in the pay phones             
          is not an eligible access expenditure.  Therefore, petitioner is            
          not entitled to claim the disabled access credit under section 44           
          for his investment in the pay phones in 2001.                               
          Section 6673                                                                
               Whenever it appears to the Court that proceedings before it            
          have been instituted or maintained primarily for delay, the                 
          Court, in its decision, may require the taxpayer to pay to the              
          United States a penalty not in excess of $25,000.  Sec.                     
          6673(a)(1)(A).  In this case, petitioner was advised that the               
          purpose of filing the petition was to delay the collection                  
          process.  Petitioner engaged in the required stipulation process            
          but did not appear for trial.  We have decided not to impose a              
          section 6673 penalty in this case, but taxpayers are warned that            
          sanctions may be appropriate if the Court concludes that a                  
          petition was filed with no intention to prosecute the case and              
          merely to delay the collection process.                                     
               To reflect the foregoing and the concessions of the parties,           

                                                  Decision will be entered            
                                             under Rule 155.                          











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