- 8 - 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). Prior to the trial, petitioner was advised by letter from the IRS that his positions were frivolous and could lead to sanctions against him if he persisted with such arguments. At trial, respondent filed motions for imposition of the section 6673 penalty. Throughout his testimony, petitioner dwelt solely on his protester arguments. Those arguments are considered frivolous, and respondent’s motion will be granted. The Court will require petitioner to pay a penalty of $1,000 in each docket number. Reviewed and adopted as the report of the Small Tax Case Division. An Order and Decision will be entered for respondent in docket No. 1611-04S. An Order and Decision will be entered under Rule 155 in docket No. 6123-04S.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011