Whistle B. Currier - Page 3

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          Commissioner, 80 T.C. 1111 (1983); see also Lysiak v.                       
          Commissioner, 816 F.2d 311 (7th Cir. 1987).                                 
               The Court further warned petitioner that, if he persisted,             
          damages would be imposed under section 6673.  Section 6673(a)               
          provides that, if the Court determines that proceedings are                 
          maintained by a taxpayer primarily for delay or the position of a           
          taxpayer is groundless or frivolous, the Court may award a                  
          penalty to the United States in an amount not in excess of                  
          $25,000.                                                                    
               At the hearing, petitioner maintained the course that he had           
          charted in his petition.  Accordingly, respondent’s motion to               
          dismiss for failure to state a claim will be granted.                       
          Furthermore, petitioner’s arguments advanced here are frivolous,            
          and we award a penalty to the United States of $2,000 under                 
          section 6673.  See Coleman v. Commissioner, supra at 71.                    
                                             An appropriate order of                  
                                        dismissal and decision will be                
                                        entered.                                      
















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