- 18 - abused its discretion in sustaining respondent’s levy action with respect to the 2000 liability. II. Section 6673(a) Section 6673(a)(1) authorizes this Court to require a taxpayer to pay to 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. Section 6673(a)(1) applies to proceedings under section 6330. See Pierson v. Commissioner, 115 T.C. 576, 581 (2000). In proceedings under section 6330, we have imposed the penalty on taxpayers who raised frivolous and groundless arguments with respect to the legality of the Federal tax laws. See, e.g., Roberts v. Commissioner, 118 T.C. at 372-373; Eiselstein v. Commissioner, T.C. Memo. 2003-22; Yacksyzn v. Commissioner, T.C. Memo. 2002-99. In a motion for summary judgment and to impose a penalty under section 6673, respondent warned petitioner that his unfounded allegations constituted a frivolous appeal subject to monetary sanctions under section 6673(a)(1). Although we denied the motion before trial because we were not convinced that summary judgment was appropriate, petitioner continued at trial to assert meritless arguments regarding the validity of the 1996-98 notice of deficiency, his obligation to pay taxes, andPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 10, 2007