Charles Raymond Wheeler - Page 21

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          respect to the section 6654 addition to tax requires the                    
          Commissioner, at a minimum, to produce evidence that a taxpayer             
          had a required annual payment under section 6654(d).  Respondent            
          did not do so.  Consequently, respondent’s determination                    
          regarding the section 6654 addition to tax is not sustained.                
          III.  Section 6673 Penalty                                                  
               Section 6673(a)(1) authorizes this Court to require a                  
          taxpayer to pay the United States a penalty, not to exceed                  
          $25,000, if it appears that the taxpayer has instituted or                  
          maintained a proceeding primarily for delay or that the                     
          taxpayer’s position is frivolous or groundless.  A taxpayer’s               
          position is frivolous or groundless if it is “‘contrary to                  
          established law and unsupported by a reasoned, colorable argument           
          for change in the law.’”  Williams v. Commissioner, 114 T.C. 136,           
          144 (2000) (quoting Coleman v. Commissioner, 791 F.2d 68, 71 (7th           
          Cir. 1986)).                                                                
               Petitioner’s arguments regarding such things as his                    
          obligation to file a Federal income tax return and the effects of           
          the Paperwork Reduction Act on his tax reporting and payment                
          obligations are contrary to well-established law and are                    
          frivolous.  Although we provided petitioner with ample warning of           
          the potential implications of continuing to assert those                    
          frivolous and groundless arguments, petitioner did not abandon              
          his arguments or acknowledge his liability for income tax on the            






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