- 14 - continued making frivolous arguments. As noted above, in July of 2005, respondent’s counsel provided petitioner with a copy of respondent’s publication entitled “The Truth About Frivolous Tax Arguments” and directed petitioner to the publication’s discussion of penalties that may be imposed on taxpayers who take frivolous positions. Respondent also provided petitioner with a copy of Hodges v. Commissioner, T.C. Memo. 2005-168, in which the Tax Court imposed a penalty on the taxpayer pursuant to section 6673. Additionally, in a letter to petitioner dated August 25, 2005, respondent’s counsel informed petitioner that respondent would request that the Court impose a section 6673 penalty if petitioner persisted in raising frivolous arguments. As noted above, respondent filed a motion for a section 6673 penalty at trial. Moreover, the record demonstrates that petitioner instituted proceedings before this Court primarily for delay. Petitioner initially designated Kansas City as the place of trial despite his residence in South Carolina throughout the proceedings. Petitioner refused to agree to respondent’s proposed stipulation of facts, based upon information provided by petitioner, despite the efforts of respondent’s counsel to accommodate all of petitioner’s specific complaints. For the foregoing reasons, we conclude that petitioner has intentionally made frivolous arguments in these proceedings andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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