Michael Balice - Page 9

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          the validity of the underlying tax liability is not properly                
          placed at issue, the Court will review the determination of the             
          Commissioner of the Internal Revenue for abuse of discretion.               
          Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v.                     
          Commissioner, 114 T.C. 176, 182 (2000).                                     
               Based upon our examination of the entire record before us,             
          we find that respondent did not abuse respondent’s discretion in            
          determining to proceed with the collection action as determined             
          in the notice of determination with respect to petitioner’s                 
          taxable year 1996.                                                          
               Although respondent does not ask the Court to impose a                 
          penalty on petitioner under section 6673(a)(1), we now consider             
          sua sponte whether the Court should impose a penalty on                     
          petitioner under that section.  Section 6673(a)(1) authorizes the           
          Court to require a taxpayer to pay a penalty to the United States           
          in an amount not to exceed $25,000 whenever it appears that a               
          taxpayer instituted or maintained a proceeding in the Court                 
          primarily for delay or that a taxpayer’s position in such a                 
          proceeding is frivolous or groundless.                                      
               Although we shall not impose a penalty under section                   
          6673(a)(1) on petitioner in the instant case, we caution him that           
          he may be subject to such a penalty if in the future he                     
          institutes or maintains a proceeding in this Court primarily for            
          delay and/or his position in any such proceeding is frivolous or            






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