- 7 - C. Whether Petitioner Is Liable for a Penalty Under Section 6673 In the amendment to answer and at trial, respondent contends that petitioner is liable for a penalty under section 6673 on the grounds that petitioner made only frivolous arguments and instituted these proceedings primarily for delay. The Court may impose a penalty of up to $25,000 if the taxpayer’s position or positions are frivolous or groundless or the proceedings were instituted primarily for delay. Sec. 6673(a)(1)(B). A taxpayer’s position is frivolous or groundless if it is contrary to established law and unsupported by a reasoned, colorable argument for change in the law. Coleman v. Commissioner, 791 F.2d 68, 71 (7th Cir. 1986); Gilligan v. Commissioner, T.C. Memo. 2004-194. Petitioner took frivolous positions before and during trial despite ample warnings before trial from respondent. We conclude that petitioner instituted and maintained these proceedings primarily for delay. We find that petitioner is liable for a penalty under section 6673 in the amount of $2,000. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011