- 4 - “Certification” that a substitute return prepared by the Internal Revenue Service satisfied the requirements of section 6651(a)(2), (3), and (g)(2). Discussion Petitioner has been on notice since at least 2001 that her arguments concerning her income and her liability for income tax are frivolous. Yet she repeats her conduct, including attempts to withdraw her petition after it has been filed. Once petitioner has invoked the jurisdiction of this Court, she may not withdraw or voluntarily dismiss her petition without entry of a decision against her. See sec. 7459(d); Estate of Ming v. Commissioner, 62 T.C. 519, 524 (1974). It is apparent that petitioner’s tactics in filing petitions in this Court are primarily for delay and that she intends to pursue only frivolous arguments. Nothing in her voluminous filings suggests any justiciable dispute with respect to the income determinations in the notice of deficiency and the appropriateness of the additions to tax. Funk v. Commissioner, 123 T.C. 213 (2004). Respondent’s motion for judgment by default will be granted under Rules 123 and 149. The decision will include an award of a penalty to the United States in the amount of $7,500 under section 6673. An appropriate order and decision will be entered.Page: Previous 1 2 3 4
Last modified: May 25, 2011