- 5 - spousal defenses. Petitioner’s only argument relating to respondent’s collection actions is that respondent abused his discretion in relying on the Form 4340, Certificates of Assessments, Payments, and Other Specified Matters, to verify the assessment, an argument we have previously rejected. Davis v. Commissioner, 115 T.C. 35, 40 (2000).2 Petitioner has not presented any evidence or arguments to convince us that respondent abused his discretion. As a result, we hold respondent’s determination was not an abuse of discretion, and respondent may proceed with the proposed collection action. See Sego v. Commissioner, supra at 612. Respondent urges us to impose a section 6673 penalty. Although petitioner’s arguments are frivolous, we find that petitioner’s cooperation in the stipulation process mitigated the delay, and therefore we choose not to impose the penalty at this time. However, petitioner is warned that we may do so in the future if he continues to assert such frivolous claims before this Court. To reflect the foregoing, Decision will be entered for respondent. 2Petitioner stated this argument in his Motion For Production of Summary Record of Assessment, which this Court denied on Apr. 18, 2006.Page: Previous 1 2 3 4 5
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