- 14 - arguments that the Court found to be frivolous and groundless.9 In that Order, the Court reminded petitioner about section 6673(a)(1) and admonished him as follows: In the event that petitioner continues to advance frivolous and/or groundless statements, contentions, and arguments, the Court will be inclined to impose a penalty not in excess of $25,000 on petitioner under section 6673(a)(1), I.R.C. On March 17, 2006, the Court received from petitioner a pretrial memorandum (petitioner’s pretrial memorandum) that the Court had filed as of that date. Petitioner’s pretrial memoran- dum contained (1) certain statements, contentions, arguments, and/or requests that, although stated somewhat differently, are very similar to certain statements, contentions, arguments, and/or requests that petitioner previously advanced and (2) certain additional statements, contentions, arguments, and/or requests that petitioner did not previously advance and that the Court finds to be frivolous and/or groundless. Discussion Jurisdictional Matter The Court does not have jurisdiction over a frivolous return penalty under section 6702. Van Es v. Commissioner, 115 T.C. 9The frivolous and/or groundless statements, contentions, and/or arguments in petitioner’s amended petition are very similar to the frivolous and/or groundless statements, conten- tions, and/or arguments in the petitions filed with the Court by certain other taxpayers. See, e.g., Copeland v. Commissioner, T.C. Memo. 2003-46; Smith v. Commissioner, T.C. Memo. 2003-45.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011