- 26 - 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.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011