Robert and Ines M. Gillespie, et al. - Page 20




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          petitioners instituted and have maintained the proceedings in               
          those cases primarily for delay.  We further believe that, in               
          support of that goal, in each case, they raised frivolous                   
          arguments and relied on groundless positions.  We have on more              
          than one occasion during these proceedings stated our concern               
          that petitioners had raised meritless arguments that served                 
          merely to delay the collection of tax.  We accorded petitioners             
          both a hearing and the opportunity to respond in writing to our             
          concerns.  Neither by petitioner Robert E. Gillespie’s                      
          declaration nor by petitioners’ written responses to our orders             
          to show cause have petitioners shown us the merit of any                    
          averment, claim, or argument advanced by them.2  In our orders              

               2  Unsupported by any citation of authority, petitioners               
          claim that the standard for imposition of a penalty under sec.              
          6673(a)(1) is bad faith.  In Takaba v. Commissioner, 119 T.C.               
          285, 294 n.2 (2002), we observed:                                           
                    There is some question whether it is necessary for                
               a court to find that a taxpayer acted in bad faith in                  
               order to impose a penalty on him under sec.                            
               6673(a)(1)(B) for putting forth a frivolous or                         
               groundless position.  Compare Branch v. I.R.S., 846                    
               F.2d 36, 37 (8th Cir. 1988) (“A taxpayer’s asserted                    
               good faith is not relevant to the assessment of                        
               frivolous return [sec. 6702] penalties.”) with May v.                  
               Commissioner, 752 F.2d 1301, 1306 (8th Cir. 1985)                      
               (“showing of willfulness, or lack of good faith, is                    
               required [for sec. 6673(a)(1) damages]”).                              
          We have not, however, required a showing of bad faith before                
          imposing a sec. 6673(a)(1)(B) penalty, see, e.g., Bean v.                   
          Commissioner, T.C. Memo. 2006-88; Holmes v. Commissioner, T.C.              
          Memo. 2006-80; Wetzel v. Commissioner, T.C. Memo. 2005-211, and             
          do not believe that to be a requirement of the statute.                     
                                                             (continued...)           






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