Charles Raymond Wheeler - Page 6

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          6673(a)(1), and we again warned petitioner of the risk he would             
          assume by pursuing frivolous arguments.                                     
               This is not the first time that petitioner has made                    
          frivolous arguments in this Court.  In two consolidated cases               
          involving petitioner’s 1994-2001 taxable years decided after this           
          case was heard, this Court imposed on petitioner a penalty of               
          $3,000 under section 6673 for instituting proceedings based upon            
          a frivolous position.8  See Wheeler v. Commissioner, T.C. Memo.             
          2006-109.                                                                   
                                     Discussion                                       
          I.  Validity of the Notice of Deficiency                                    
               Petitioner did not offer any testimony or argument at trial            
          regarding most of the assignments of error in the petition.9                
          Petitioner argued only that the notice of deficiency was not                
          statutory and, therefore, was invalid.  Specifically, petitioner            

               8In Wheeler v. Commissioner, T.C. Memo. 2006-109, petitioner           
          argued, for example, that notices of deficiency were not valid,             
          that he is not an individual required to pay an income tax, and             
          that there is no law requiring him to file an income tax return.            
               9The assignments of error in the petition pertaining to                
          respondent’s income adjustments and deficiency determination,               
          including allegations that petitioner was not required to file a            
          tax return for 2003 and that the requirement to file a tax return           
          is in violation of the Paperwork Reduction Act, are contrary to             
          well-established law.  “We perceive no need to refute these                 
          arguments with somber reasoning and copious citation of                     
          precedent; to do so might suggest that these arguments have some            
          colorable merit.”  Crain v. Commissioner, 737 F.2d 1417, 1417               
          (5th Cir. 1984).  Moreover, many of petitioner’s assignments of             
          error duplicate those he made in an earlier case, and this Court            
          has already rejected them.  See Wheeler v. Commissioner, supra.             





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