Alan D. Stang - Page 26

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          addition to tax under section 6654 is sustained with respect to             
          1999, 2000, and 2001.                                                       
          V.  Section 6673 Penalty                                                    
               Section 6673(a)(1) authorizes the Tax Court to require a               
          taxpayer to pay a penalty not in excess of $25,000 whenever it              
          appears that proceedings have been instituted or maintained                 
          primarily for delay or that the taxpayer’s position in such                 
          proceeding is frivolous or groundless.                                      
               At trial in the instant case, the Court repeatedly warned              
          petitioner about the possibility of sanctions for frivolous                 
          arguments advanced for purposes of delay.  Counsel for respondent           
          likewise in his trial memorandum and during the proceedings                 
          indicated an intent to file motions under section 6673 and did so           
          on October 22, 2004.                                                        
               As noted in the preceding discussion, the meritless                    
          procedural contentions put forth throughout this litigation are             
          indistinguishable from those rejected by the Court in cases such            
          as Rodriguez v. Commissioner, T.C. Memo. 2005-12; Spurlock v.               
          Commissioner, T.C. Memo. 2003-124; Wheelis v. Commissioner, T.C.            
          Memo. 2002-102; Lee v. Commissioner, T.C. Memo. 2002-95; and                
          Ruocco v. Commissioner, T.C. Memo. 2002-91.8  In each of the                
          just-cited rulings, we characterized the positions maintained               

               8 A number of these cases were expressly called to                     
          petitioner’s attention, along with the corresponding citations,             
          during the trial in the instant matters.                                    




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