Cynthia P. Bullock - Page 4

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          “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.                     





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