William B. and Diane S. Meyer - Page 9

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               Petitioners’ contentions are frivolous and groundless and              
          will not be refuted with copious citation and extended                      
          discussion.7  See Williams v. Commissioner, 114 T.C. 136, 138-139           
          (2000) (citing Crain v. Commissioner, 737 F.2d 1417, 1417 (5th              
          Cir. 1984)).  Consequently, although respondent improperly                  
          refused to allow any recording of the section 6330 hearing, see             
          sec. 7521(a)(1), we conclude that (1) it is unnecessary and would           
          not be productive to remand the instant case to the Appeals                 
          Office for another section 6330 hearing in order to allow                   
          petitioners to make an audio recording and (2) it is unnecessary            
          and inappropriate to reject respondent’s determination, see                 
          Lunsford v. Commissioner, 117 T.C. 183, 189 (2001); Kemper v.               
          Commissioner, T.C. Memo. 2003-195.                                          
               Section 6673(a)(1) authorizes this Court to require a                  
          taxpayer to pay a penalty not in excess of $25,000 whenever the             




               7Petitioners’ contentions are substantially similar to                 
          contentions raised by the taxpayer in Hiland v. Commissioner,               
          T.C. Memo. 2004-225 (Taxpayer’s complaints with respect to the              
          administrative proceedings included the following:  No legitimate           
          hearing under sec. 6330 ever took place; taxpayer was denied the            
          opportunity to raise issues he deemed “relevant” (e.g., the                 
          “existence” of the underlying tax liability); and cited                     
          documentation had not been produced and/or addressed (e.g.,                 
          record of the assessments, statutory notice and demand for                  
          payment, any “valid notice of deficiency”, and verification from            
          the Secretary that all applicable requirements were met)”.  In              
          that case, we held that the contentions raised by the taxpayer              
          were frivolous and/or groundless, and we imposed a penalty                  
          pursuant to sec. 6673.                                                      





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