Kenneth A. Sapp - Page 28

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          including section 6330 cases,13 is well established grounds for             
          the imposition of section 6673 penalties.  However, in light of             
          the fact that petitioner also sought review of a notice of                  
          determination and a supplemental notice of determination for                
          which respondent himself eventually conceded a remand was                   
          appropriate, we shall exercise our discretion under section                 
          6673(a)(1) and not impose a penalty in this case.  Petitioner is            
          hereby warned, however, that should he advance these or similar             
          arguments in this Court in the future, he may be subject to                 
          penalties under section 6673(a)(1).                                         
          Conclusion                                                                  
               Since we have found the underlying liabilities for 1990,               
          1991, 1992, 1993, and 1996 are correct and that there was no                
          abuse of discretion in the 2004 supplemental determination, we              
          conclude that respondent may proceed with the levy that was the             
          subject of the notice in this case.                                         
               To reflect the foregoing,                                              


                                             An apppropriate order and                
                                        decision will be entered for                  
                                        respondent.                                   




               13 See Pierson v. Commissioner, 115 T.C. 576, 581 (2000).              





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