- 11 - raised frivolous tax protester arguments. Hence, the Court concludes that respondent’s determination to proceed with collection of petitioner’s tax liabilities was not an abuse of discretion, and respondent may proceed with the proposed collection. II. Section 6673 Penalty Section 6673(a)(1) authorizes the Tax Court to impose a penalty not in excess of $25,000 on a taxpayer for proceedings instituted primarily for delay or in which the taxpayer’s position is frivolous or groundless. “A petition to the Tax Court, or a tax return, is frivolous 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). Respondent warned petitioner about the section 6673(a)(1) penalty in the notice of determination, and the Court warned petitioner at trial that he may be subject to such a penalty if he continued to raise frivolous arguments. Although respondent has not asked the Court to impose a penalty pursuant to section 6673(a)(1), the Court may sua sponte impose such a penalty against a taxpayer. Pierson v. Commissioner, 115 T.C. 576, 580- 581 (2000). The Court is convinced that petitioner’s position is frivolous and made for delay because it is based on tax-protester rhetoric, which has been rejected by this Court and many others.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011