Robert and Ines M. Gillespie, et al. - Page 28




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          Seventh Circuit has held that a finding of bad faith is necessary           
          before an attorney may be sanctioned under section 6673(a)(2).              
          Johnson v. Commissioner, 289 F.3d 452, 456 (7th Cir. 2002), affg.           
          116 T.C. 111 (2001).  The Court of Appeals added, however, that             
          bad faith under section 6673(a)(2) is not a subjective concept:             
          “‘reckless’ or ‘extremely negligent’ conduct will satisfy it.”              
          Id.  Because we are unsure of appellate venue, and because we               
          find that Mr. Jones’s conduct would constitute bad faith under              
          the Court of Appeals for the Seventh Circuit’s test for bad                 
          faith, we shall for purposes of this case (and without deciding             
          the standard in this Court), adopt that standard.  See Takaba v.            
          Commissioner, supra at 298.                                                 
               We believe that Mr. Jones intentionally abused the judicial            
          process by bringing and continuing these cases on behalf of                 
          petitioners knowing their claims to be without merit.  In support           
          of our determination to impose a section 6673(a)(1) penalty on              
          petitioners, we found that they initiated and maintained these              
          proceedings primarily for delay and, in support of that goal,               
          raised frivolous arguments and relied on groundless positions.              
          In other words, petitioners present no meritorious claims.                  
          Moreover, we have no doubt that Mr. Jones has known all along               
          that petitioners’ claims lack merit.  We have no doubt of that              
          because of Mr. Jones’s candor in responding to the orders to show           
          cause.  In those responses, Mr. Jones admits that, while, on                







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