Robert and Ines M. Gillespie, et al. - Page 27




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                    3.  Unreasonable and Vexatious Conduct                            
               The purpose of section 6673(a)(2) is to penalize an attorney           
          for his misconduct in unreasonably and vexatiously multiplying              
          the proceedings.  Congress has not, however, specified the degree           
          of culpability that an attorney must exhibit before we may                  
          conclude that his conduct in multiplying the proceedings is                 
          unreasonable and vexatious.  See, e.g., Takaba v. Commissioner,             
          119 T.C. at 296-298.  The language of section 6673(a)(2) is                 
          substantially identical to that of 28 U.S.C. sec. 1927 (the two             
          provisions serving the same purpose in different forums), and we            
          have relied on caselaw under the latter to ascertain the degree             
          of culpability necessary to make an award under the former.                 
          Takaba v. Commissioner, supra at 296-297.  While most of the                
          United States Courts of Appeals have required a showing of bad              
          faith before awarding costs under 28 U.S.C. sec. 1927, a few have           
          required only a showing of recklessness, a lesser degree of                 
          culpability.  Id. at 297.  Among those few is the Court of                  
          Appeals for the District of Columbia Circuit.  See Reliance Ins.            
          Co. v. Sweeney Corp., 792 F.2d 1137, 1138 (D.C. Cir. 1986).  The            
          venue for appeal of any award of costs imposed on Mr. Jones may             
          be the Court of Appeals for the District of Columbia Circuit.               
          See sec. 7482(b)(1) (second sentence); Takaba v. Commissioner,              
          supra.  If not, it may be the Court of Appeals for the Seventh              
          Circuit.  See sec. 7482(b)(1)(A).  The Court of Appeals for the             







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