Harold A. Lange - Page 10

                                       - 10 -                                         
          file a tax return and, consequently, did not elect to itemize               
          deductions), affd. per curiam __ Fed. Appx. ___ (3d Cir., July              
          21, 2005); Andreas v. Commissioner, T.C. Memo. 1993-551 (section            
          63 and the relevant regulations do not authorize the election to            
          itemize deductions unless a return is filed).                               
          Section 6673 Penalty                                                        
               We now address whether to impose a penalty against                     
          petitioner pursuant to section 6673, which authorizes the Tax               
          Court to impose a penalty up to $25,000 on a taxpayer if the                
          Court finds, among other things, that the taxpayer instituted or            
          maintained proceedings primarily for delay or that the taxpayer’s           
          position in such proceedings is frivolous or groundless.  A                 
          taxpayer’s position is frivolous if it is contrary to established           
          law and unsupported by a reasoned, colorable argument for change            
          in the law.  See Coleman v. Commissioner, 791 F.2d 68, 71 (7th              
          Cir. 1986); see also Hansen v. Commissioner, 820 F.2d 1464, 1470            
          (9th Cir. 1987); Nis Family Trust v. Commissioner, 115 T.C. 523,            
          544 (2000).                                                                 
               Petitioner does not here argue for any change in the law.              
          Instead, petitioner argues that the tax laws do not apply to him.           
          Petitioner’s arguments are frivolous.  Petitioner deserves a                
          penalty under section 6673(a)(1), and that penalty should be                
          substantial, if it is to have the desired deterrent effect.  Cf.            
          Talmage v. Commissioner, T.C. Memo. 1996-114, affd. without                 
          published opinion 101 F.3d 695 (4th Cir. 1996).  The purpose of             
          section 6673 is to compel taxpayers to think and to conform their           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011