-11- (B) the taxpayer’s position in such proceeding is frivolous or groundless, or (C) the taxpayer unreasonably failed to pursue available administrative remedies, the Tax Court, in its decision, may require the taxpayer to pay to the United States a penalty not in excess of $25,000. The record demonstrates that petitioners’ contentions are frivolous and groundless, and we are convinced that petitioners instituted and maintained the instant proceeding primarily, if not exclusively, for purposes of delay.9 Petitioners were provided with a copy of Pierson v. Commissioner, 115 T.C. at 581, in which we stated: we regard this case as fair warning to those taxpayers who, in the future, institute or maintain a lien or levy action primarily for delay or whose position in such a proceeding is frivolous or groundless. See White v. Commissioner, 72 T.C. 1126, 1135-1136 (1979) (providing fair warning to taxpayers in deficiency actions who bring frivolous case merely for purposes of delay). Consequently, pursuant to section 6673(a)(1), we shall require petitioners to pay to the United States a penalty of $15,000. To reflect the foregoing, An appropriate order and decision for respondent will be entered. 9Petitioners have made the same frivolous and groundless contentions in a separate proceeding before this Court, docket No. 13514-03L, with respect to their 1996 tax year.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011