Edward W. Clough - Page 18




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         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, and               







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