- 8 - necessary or productive standard exists where the taxpayers rely on frivolous or groundless arguments consistently rejected by this and other courts.” Carrillo v. Commissioner, T.C. Memo. 2005-290; see also Lunsford v. Commissioner, supra; Frey v. Commissioner, supra; Durrenberger v. Commissioner, T.C. Memo. 2004-44; Brashear v. Commissioner, T.C. Memo. 2003-196; Kemper v. Commissioner, T.C. Memo. 2003-195. The Court does not find it necessary or productive to remand petitioner’s case for a second hearing as petitioner did not raise any relevant issues relating to his unpaid tax liabilities at his Appeals Office conference or at trial. Petitioner has instead espoused only frivolous and groundless arguments that the Court specifically rejected in petitioner’s 2001 trial and again in a 2005 trial regarding a deficiency and additions to tax for petitioner’s 2001 taxable year. See Leggett v. Commissioner, T.C. Memo. 2005-185. C. Abuse of Discretion The existence or amounts of petitioner’s underlying tax liabilities are not properly at issue because petitioner received a notice of deficiency for the years in issue and had the opportunity to dispute such liabilities at his 2001 trial. Accordingly, the Court will review the administrative record of the levy for an abuse of discretion. An abuse of discretion has occurred if the “Commissioner exercised * * * [his] discretionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011