- 10 - 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 (9thPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011