Kenneth A. Sapp - Page 27

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          or thereafter, there is no abuse of discretion in the conclusion            
          reached in the 2004 supplemental determination.  See RRA 1998               
          sec. 3401(d), 112 Stat. 750; Parker v. Commissioner, 117 T.C. 63            
          (2001); Parker v. Commissioner, T.C. Memo. 2005-294.                        
          Section 6673 Penalty                                                        
               In both his withdrawn and denied motions for summary                   
          judgment, respondent sought imposition on petitioner of a penalty           
          under section 6673(a).  Section 6673(a)(1) authorizes this Court            
          to impose a penalty of up to $25,000 upon the taxpayer whenever             
          it appears that proceedings have been instituted or maintained by           
          him primarily for delay or his position is frivolous or                     
          groundless.  Respondent having raised the issue, the Court                  
          considers it.                                                               
               A substantial portion of the contentions raised by                     
          petitioner are classic, shopworn tax protester arguments.  At               
          trial, petitioner maintained that he had no income tax liability            
          for 1990 through 1993 because he received income in exchange for            
          his labor.  The Forms 1040X petitioner submitted for 1990, 1991,            
          and 1993 to dispute his previously reported tax liabilities all             
          contained such arguments as "no Code section makes me 'liable'              
          for income taxes", and "'income' * * * can only be a derivative             
          of corporate activity."  Advancing such arguments in this Court,            









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