Meredyth E. Kilgore - Page 10

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          offer an alternative means of collection.  Consequently, the                
          aforementioned issues are deemed to be conceded.  Rule 331(b)(4).           
               Petitioner has failed to set forth any grounds on which we             
          could find that the Appeals Office erred in its determination               
          that respondent could properly proceed with collection of                   
          petitioner’s 1996 tax liabilities.  Accordingly, respondent is              
          entitled to summary judgment.                                               
               Section 6673(a)(1) authorizes this Court to require a                  
          taxpayer to pay a penalty not in excess of $25,000 whenever the             
          taxpayer’s position is frivolous or groundless or the taxpayer              
          has instituted or pursued the proceeding primarily for delay.               
               SEC.  6673.  SANCTIONS AND COSTS AWARDED BY COURTS.                    
               (a) Tax Court Proceedings.--                                           
                    (1) Procedures instituted primarily for delay,                    
               etc.--whenever it appears to the Tax Court that–-                      
                         (A) proceedings before it have been                          
                    instituted or maintained by the taxpayer primarily                
                    for delay,                                                        
                         (B) the taxpayer’s position in such                          
                    proceeding is frivolous or groundless, or                         
                         (C) the taxpayer unreasonably failed to                      
                    pursue available administrative remedies,                         
                    the Tax Court, in its decision, may require the                   
                    taxpayer to pay to the United States a penalty not                
                    in excess of $25,000.                                             
               Petitioner appears to have instituted or maintained the                
          instant case primarily as a protest against the Federal income              
          tax.  See, e.g. United States v. Studley, 783 F.2d 934, 937 (9th            






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