W. James Kubon - Page 13

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               The parties stipulated that petitioner has been provided               
          with a copy of an IRS Notice which outlines common frivolous                
          arguments and has been advised by respondent that the Court may             
          require a taxpayer to pay a penalty up to $25,000 pursuant to               
          section 6673 if it appears to the Court that proceedings have               
          been instituted or maintained by the taxpayer primarily for delay           
          or that the taxpayer’s position is frivolous or groundless.                 
               In our November 3, 2004, Order, we gave petitioner the                 
          opportunity to present proper issues, as specified in section               
          6330(c)(2), during his section 6330 hearing.  We warned                     
          petitioner, however, that if he persisted in making frivolous and           
          groundless arguments, with respect to this case, the Court would            
          be in a position to impose a penalty under section 6673(a)(1).              
          Petitioner ignored the Court’s warning and simply pursued his               
          arguments, which the Court has held to be frivolous, groundless,            
          and meritless in numerous cases.  Under the circumstances, we               
          shall grant respondent’s motion and impose a penalty on                     
          petitioner pursuant to section 6673(a)(1) in the amount of                  
          $10,000.                                                                    














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