John O. Green - Page 13




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          petitioner to show that respondent’s determination of the                   
          additions is incorrect.  See id. at 447.                                    
               By the petition and the amended petition, petitioner as much           
          as concedes that he filed no return for 2001.  The transcript of            
          account confirms that he filed no return for 2001, and we so                
          find.  Respondent has carried his burden of production, and                 
          petitioner has failed to prove that respondent’s determination of           
          the section 6651(a)(1) addition to tax is incorrect.  The                   
          transcripts of account also show that petitioner made no payments           
          of estimated tax for 2001 and filed no return for 2000, and we so           
          find.  Respondent has carried his burden of production, and                 
          petitioner has failed to prove that respondent’s determination of           
          the section 6654 addition to tax is incorrect.                              
          V.  Section 6673(a)(1) Penalty                                              
               In pertinent part, section 6673(a)(1) provides a penalty of            
          up to $25,000 if the taxpayer has instituted or maintained                  
          proceedings before the Tax Court primarily for delay or the                 
          taxpayer’s position in the proceeding is frivolous or groundless.           
          “The purpose of section 6673 is to compel taxpayers to think and            
          to conform their conduct to settled principles before they file             
          returns and litigate.”  Takaba v. Commissioner, 119 T.C. 285, 295           
          (2002).  “A taxpayer’s position is frivolous ‘if it is contrary             
          to established law and unsupported by a reasoned, colorable                 
          argument for [a] change in the law.’”  Id. at 287 (quoting                  







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