- 9 - and petitioner is not liable for the addition to tax pursuant to section 6654(a) for 2001. III. Section 6673 Section 6673(a)(1) authorizes this Court to require a taxpayer to pay to the United States a penalty not to exceed $25,000 if the taxpayer took frivolous or groundless positions in the proceedings or instituted the proceedings primarily for delay. A position maintained by the taxpayer is “frivolous” where it is “contrary to established law and unsupported by a reasoned, colorable argument for change in the law.” Coleman v. Commissioner, 791 F.2d 68, 71 (7th Cir. 1986); see also Hansen v. Commissioner, 820 F.2d 1464, 1470 (9th Cir. 1987) (section 6673 penalty upheld because taxpayer should have known claim was frivolous). Petitioner’s only argument in this case was that his income was not taxable. Petitioner was advised at the 2001 trial and at the trial of the instant case of the Code provisions regarding the taxability of his income. We advised petitioner at the 2001 trial that his arguments were frivolous. We conclude petitioner advanced frivolous and groundless positions in these proceedings. We also are convinced that petitioner instituted the proceedings primarily for delay. In addition to again advancing an argument the Court advised him was frivolous at the 2001 trialPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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