William M. Leggett - Page 9

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          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 trial           







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