Randy S. Quigley - Page 12

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          response) is frivolous and/or groundless.9                                   
               Based upon our examination of the entire record before us,              
          we find that respondent did not abuse respondent’s discretion in             
          determining to proceed with the collection action as determined              
          in the notice of determination with respect to petitioner’s                  
          unpaid liability for 1999.                                                   
               In respondent’s motion, respondent requests that the Court              
          require petitioner to pay a penalty to the United States pursuant            
          to section 6673(a)(1).  Section 6673(a)(1) authorizes the Court              
          to require a taxpayer to pay to the United States a penalty in an            
          amount not to exceed $25,000 whenever it appears to the Court,               
          inter alia, that a proceeding before it was instituted or main-              
          tained primarily for delay, sec. 6673(a)(1)(A), or that the                  
          taxpayer’s position in such a proceeding is frivolous or ground-             
          less, sec. 6673(a)(1)(B).                                                    
               In Pierson v. Commissioner, 115 T.C. 576 (2000), we issued              
          an unequivocal warning to taxpayers concerning the imposition of             
          a penalty under section 6673(a)(1) on those taxpayers who abuse              
          the protections afforded by sections 6320 and 6330 by instituting            


               9The statements, contentions, arguments, and requests set               
          forth in petitioner’s response are similar to the statements,                
          contentions, arguments, and requests set forth in the respective             
          responses by certain other taxpayers with cases in the Court to              
          the motions for summary judgment and to impose a penalty under               
          sec. 6673 filed by the Commissioner of Internal Revenue in such              
          other cases.  See, e.g., Smith v. Commissioner, T.C. Memo. 2003-             
          45.                                                                          





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