William Paul Benedetti - Page 7

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               At trial, respondent orally moved for imposition of the                
          penalty against petitioner under section 6673.  Section                     
          6673(a)(1) authorizes this 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 proceedings have been instituted or                
          maintained by such taxpayer primarily for delay, or that the                
          taxpayer's position in a proceeding is frivolous or groundless.             
          A petition in the Tax Court is frivolous "if it is contrary to              
          established law and unsupported by a reasoned, colorable argument           
          for change in the law."  Coleman v. Commissioner, 791 F.2d 68, 71           
          (7th Cir. 1986).  Petitioner was cautioned by the Court at trial            
          that his argument was frivolous and had no merit.  Accordingly,             
          the Court grants respondent's oral motion and imposes a penalty             
          of $750 against petitioner under section 6673(a).                           
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


                                             An appropriate Order and                 
                                        Decision will be entered for                  
                                        respondent.                                   












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