Charles Raymond Wheeler - Page 14

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          a reasoned, colorable argument for change in the law.”  Coleman             
          v. Commissioner, 791 F.2d 68, 71 (7th Cir. 1986) (imposing                  
          penalties on taxpayers who made frivolous constitutional                    
          arguments in opposition to the income tax).  Courts have ruled              
          that tax protester arguments and defenses to the filing                     
          requirement, such as petitioner has espoused, are groundless and            
          wholly without merit.  Ginter v. Southern, 611 F.2d 1226, 1229              
          n.2 (8th Cir. 1979); see also Brunner v. Commissioner, T.C. Memo.           
          2004-187, affd. 142 Fed. Appx. 53 (3d Cir. 2005); Williams v.               
          Commissioner, T.C. Memo. 1999-277; Morin v. Commissioner, T.C.              
          Memo. 1999-240; Sochia v. Commissioner, T.C. Memo. 1998-294 (all            
          of which imposed a section 6673 penalty for tax protester                   
          arguments).                                                                 
               Groundless litigation diverts the time and energies of                 
               judges from more serious claims; it imposes needless                   
               costs on other litigants.  Once the legal system has                   
               resolved a claim, judges and lawyers must move on to                   
               other things.  They cannot endlessly rehear stale                      
               arguments.  Both appellants say that the penalties                     
               stifle their right to petition for redress of                          
               grievances.  But there is no constitutional right to                   
               bring frivolous suits, see Bill Johnson’s Restaurants,                 
               Inc. v. NLRB, 461 U.S. 731, 743, 103 S.Ct. 2161, 2170,                 
               76 L.Ed.2d 277 (1983).  People who wish to express                     
               displeasure with taxes must choose other forums, and                   
               there are many available. * * * [Coleman v.                            
               Commissioner, supra at 72.]                                            
               Respondent informed petitioner at trial and by pretrial                
          memorandum of the Court’s ability to impose sanctions upon                  
          petitioner for frivolous arguments pursuant to section 6673.                
          Furthermore, the Court warned petitioner that arguments against             





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