Thomas Greendyk - Page 10

                                       - 10 -                                         
          groundless.  “A petition to the Tax Court, or a tax return, 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)(imposing                   
          penalties on taxpayers who made frivolous constitutional                    
          arguments in opposition to the income tax).  Courts have ruled              
          that constitutional defenses to the filing requirement, such as             
          petitioner has apparently espoused, are groundless and wholly               
          without merit.  Ginter v. Southern, supra at 1229; see also                 
          Williams v. Commissioner, T.C. Memo. 1999-277; Morin v.                     
          Commissioner, T.C. Memo. 1999-240; Sochia v. Commissioner, T.C.             
          Memo. 1998-294 (all of which imposed a section 6673 penalty for             
          tax protester arguments).                                                   
               Groundless litigation diverts the time and energies of                 
               judges from more serious claims; it imposes needless costs             
               on other litigants.  Once the legal system has resolved a              
               claim, judges and lawyers must move on to other things.                
               They cannot endlessly rehear stale arguments.  Both                    
               appellants say that the penalties stifle their right to                
               petition for redress of grievances.  But there is no                   
               constitutional right to bring frivolous suits, see Bill                
               Johnson’s Restaurants, Inc. v. NLRB, 461 U.S. 731, 743, 103            
               S.Ct. 2161, 2170, 76 L.Ed.2d 277 (1983).  People who wish to           
               express displeasure with taxes must choose other forums, and           
               there are many available. * * * [Coleman v. Commissioner,              
               supra at 72.]                                                          
               Respondent has not sought a section 6673 penalty in this               
          case, and the Court declines to impose such a penalty today.                
          Petitioner did not submit any frivolous documents directed to the           
          Court, although such arguments were submitted to petitioner’s               






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011