James O. Davenport, Jr. - Page 5




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          Service and from the TRW pension plan for 2000 were income and              
          taxable to petitioner.                                                      
               In docket No. 9757-05L, a section 6330 case regarding                  
          collection of petitioner’s 1999 tax liability, respondent filed a           
          motion for summary judgment and to impose a penalty under section           
          6673.  In docket No. 9757-05L, petitioner advanced frivolous and            
          groundless arguments, and on March 20, 2006--7 months prior to              
          the trial of the instant case--the Court entered an order and               
          decision granting respondent’s motion to impose a penalty under             
          section 6673 and imposing a penalty of $2,500 pursuant to section           
          6673.                                                                       
               Furthermore, in the case at bar, on May 4, 2006, in an order           
          granting partial summary judgment to respondent, this Court                 
          stated:  “Petitioner is admonished not to pursue frivolous                  
          arguments which have been rejected by both this Court and the               
          Court of Appeals for the Ninth Circuit.  Should petitioner                  
          continue to pursue those frivolous arguments, this Court will               
          impose a penalty on petitioner under section 6673.”  At trial,              
          the Court reminded petitioner of this admonishment.  Petitioner             
          stated that he was familiar with section 6673.                              
               Petitioner continued to advance frivolous arguments, e.g.,             
          the definition of “income” in section 61 “is used in its                    
          constitutional sense” and shopworn arguments regarding the 16th             
          Amendment characteristic of tax-protester rhetoric that has been            







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