Charles Raymond Wheeler - Page 15

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          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.                      






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