- 15 - the constitutionality of the income tax, the validity of the Sixteenth Amendment, or the legality of the income tax were frivolous and would likely result in the imposition of a section 6673 penalty. Although, at trial, petitioner repeatedly stated he was not attempting to make frivolous arguments, on brief, he continued to present frivolous arguments. Petitioner contended that there was no law that made him liable for an income tax or required him to file an income tax return. Petitioner submitted frivolous documents to respondent and the Appeals Office, which provided specious arguments against the filing of an income tax return and the Internal Revenue Code. On the basis of the entire record, petitioner has instituted proceedings primarily for delay and has advanced arguments that are frivolous and groundless and warrant no further discussion. See Crain v. Commissioner, 737 F.2d 1417, 1417 (5th Cir. 1984) (“We perceive no need to refute these arguments with somber reasoning and copious citation of precedent; to do so might suggest these arguments have some colorable merit.”). A penalty in these cases is appropriate. Accordingly, the Court imposes a section 6673 penalty on petitioner in the amount of $1,500 for each of these cases for a total penalty of $3,000. VIII. Conclusion The Court found petitioner’s arguments regarding the validity of the notices of deficiency to be frivolous.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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