Kenneth W. Guthrie - Page 13

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               The Court repeatedly warned petitioner that his arguments              
          repeatedly had been rejected as frivolous by this Court and the             
          U.S. Court of Appeals for the Fifth Circuit and that this Court             
          and U.S. Courts of Appeals have been imposing penalties against             
          taxpayers who pursue these frivolous arguments.  Furthermore,               
          petitioner admitted that he was aware that some of the arguments            
          that he raised had been ruled on and rejected by the courts and             
          that the Fifth Amendment “is not really pertinent to my case”.              
          Despite warning petitioner numerous times at trial that his                 
          arguments were frivolous and groundless and that pursuing such              
          arguments might result in the imposition of penalties against               
          him, petitioner persisted in making those arguments (including              
          the Fifth Amendment argument) at trial and on brief.4                       
               We conclude that petitioner’s position was frivolous and               
          groundless and that petitioner instituted and maintained this               
          proceeding primarily for delay.  Accordingly, pursuant to section           
          6673(a), we hold that petitioner is liable for a $15,000 penalty.           
               To reflect the foregoing,                                              

                                                  Decision will be entered            
                                             under Rule 155.                          





               4  Petitioner’s brief is 65 pages and basically reiterates             
          the frivolous and groundless arguments he raised at trial.                  




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