Alan L. Poe - Page 8

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               you filed were frivolous and chose to ignore the clear                 
               warning issued in writing.                                             
               Before you decide whether to petition this notice of                   
               determination, you should know that the Tax Court is                   
               empowered to impose monetary sanctions up to $25,000.00                
               for instituting or maintaining an action before it                     
               primarily for delay or for taking a position that is                   
               frivolous or groundless.  (See the copy of Pierson v.                  
               Commissioner * * * that was provided at the Hearing.)                  
               It is our view that the positions you have taken have                  
               no merit and are groundless.                                           
               Petitioner filed a petition with the Court with respect to             
          the notice of determination relating to petitioner’s unpaid                 
          liability for 1999.  The petition contains statements,                      
          contentions, arguments, and requests that the Court finds to be             
          frivolous and/or groundless.6                                               
                                     Discussion                                       
               The Court may grant summary judgment where there is no                 
          genuine issue of material fact and a decision may be rendered as            
          a matter of law.  Rule 121(b); Sundstrand Corp. v. Commissioner,            
          98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994).  We             
          conclude that there are no genuine issues of material fact                  
          regarding the questions raised in respondent’s motion.                      
               Petitioner did not file a petition with the Court with                 
          respect to the notice of deficiency that respondent issued to him           
          relating to his taxable year 1999.  Where, as is the case here,             

               6The frivolous and/or groundless statements, contentions,              
          arguments, and requests in petitioner’s petition are similar to             
          the frivolous and/or groundless statements, contentions,                    
          arguments, and requests in petitions filed by certain other                 
          taxpayers with cases in the Court.  See, e.g., Copeland v.                  
          Commissioner, T.C. Memo. 2003-46.                                           



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