Henry Nino - Page 7

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          the petition of specific justiciable allegations of error and of            
          supporting facts, this Court shall grant respondent’s motion.               
          See Funk v. Commissioner, supra.                                            
               Section 6673(a)(1) authorizes this Court to require a                  
          taxpayer to pay to the United States a penalty not in excess of             
          $25,000 whenever it appears that proceedings have been instituted           
          or maintained by the taxpayer primarily for delay or that the               
          taxpayer's position in such proceeding is frivolous or                      
          groundless.  The Court has considered imposing sanctions on                 
          petitioner under section 6673(a)(1) but declines to do so at this           
          time.  With this in mind, we note that petitioner is now on                 
          notice that he may be liable for sanctions if he continues to               
          make frivolous arguments and maintain proceedings before this               
          Court for the purpose of delay.                                             
               Accordingly, we shall dismiss petitioner’s case and enter a            
          decision sustaining respondent’s determinations contained in the            
          notice of deficiency dated June 9, 2005.  See sec. 7459(d).                 
               To reflect the foregoing,                                              
                                                  An appropriate order of             
                                             dismissal and decision will be           
                                             entered for respondent.                  











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