-7- 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.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011