Andrew Chook - Page 10

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          (6th Cir. 1991).  Therefore, we find that petitioner is liable              
          for a fraud penalty under section 6663(a) of $128,867.8                     
          III. Penalty Under Section 6673(a)(1)(C)                                    
               Section 6673(a)(1)(C) authorizes the Court to require a                
          taxpayer to pay the United States a penalty in an amount not to             
          exceed $25,000 whenever it appears to the Court that the taxpayer           
          unreasonably failed to pursue available administrative remedies.            
          A penalty under section 6673(a)(1)(C) may be appropriate if a               
          taxpayer fails to comply with the Commissioner’s requests for               
          records made prior to trial when, had he produced those records             
          when requested, there would have been fewer disputed issues at              
          the commencement of trial.  See Suri v. Commissioner, T.C. Memo.            
          2004-71 ($1,000 penalty imposed where the taxpayer repeatedly               
          failed to meet with respondent’s counsel or provide relevant                
          information that ultimately led to the settlement of various                
          items of income), affd. 96 AFTR 2d 2005-6526 (2d Cir. 2005);                
          Edwards v. Commissioner, T.C. Memo. 2003-149 ($24,000 penalty               
          imposed where the taxpayer took frivolous and groundless                    
          positions and unreasonably failed to pursue available                       
          administrative remedies), affd. 119 Fed. Appx. 293 (D.C. Cir.               
          2005).  A penalty is also appropriate under section 6673(a)(1)(C)           


               8  $171,823 (deficiency/underpayment) x 0.75 = $128,867.25.            
          Because we find petitioner to be liable for a fraud penalty under           
          sec. 6663(a), we need not determine whether petitioner is liable            
          for an accuracy-related penalty under section 6662(a).                      




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