James O. Davenport, Jr. - Page 6




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          universally rejected by this and other courts.  Wilcox v.                   
          Commissioner, 848 F.2d 1007 (9th Cir. 1988), affg. T.C. Memo.               
          1987-225; Carter v. Commissioner, 784 F.2d 1006, 1009 (9th Cir.             
          1986).  We do not painstakingly address petitioner’s assertions             
          “with somber reasoning and copious citation of precedent; to do             
          so might suggest that these arguments have some colorable merit.”           
          Crain v. Commissioner, 737 F.2d 1417, 1417 (5th Cir. 1984).                 
               Petitioner was warned several times by respondent and the              
          Court that his arguments were frivolous and without merit, and              
          that if he continued to advance them he could be subject to a               
          penalty of up to $25,000.  Even after receiving repeated                    
          warnings, and the Court imposing a penalty of $2,500 pursuant to            
          section 6673 in another docket only 7 months before the trial of            
          this case, petitioner continued to advance frivolous and                    
          meritless arguments.                                                        
               We conclude petitioner’s position was frivolous and                    
          groundless and that petitioner instituted and maintained these              
          proceedings primarily for delay.  Accordingly, pursuant to                  
          section 6673(a), we hold petitioner is liable for a $5,000                  
          penalty.                                                                    
               To reflect the foregoing,                                              

                                             An appropriate order and                 
                                        decision will be entered.                     








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