- 2 - Inc. Because this is the third case in which petitioner raised the same or similar arguments, and because she has had prior warning, the Court, on its own motion, is imposing a penalty of $7,500 under section 6673. Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. Background Petitioner resided in Florence, Kentucky, at the time that she filed her petition. In 1999, she and her spouse filed a petition in this Court, docket No. 15381-99, in which they challenged deficiencies for 1996 and 1997. Petitioner and her spouse moved to withdraw that petition and failed to amend their petition after having been given an opportunity to do so. The Court denied the motion to withdraw and granted respondent’s motion to dismiss for failure to state a claim. On appeal, the Court of Appeals stated, in part: even after being given an opportunity to amend their petition, they raised only frivolous arguments, such as claiming that their income was not “wages” or that their wages were not taxable income, which have repeatedly been rejected. See Wilcox v. Comm’r, 848 F.2d 1007, 1008 (9th Cir. 1988); Perkins v. Comm’r, 746 F.2d 1187, 1188 (6th Cir. 1984). [Bullock v. Commissioner, 21 Fed. Appx. 272, 273 (6th Cir. 2001).] In 2004, petitioner filed a petition, docket No. 1530-04, challenging a notice of deficiency sent to her for 2000. Respondent filed a motion to dismiss for failure to state a claimPage: Previous 1 2 3 4 Next
Last modified: May 25, 2011