- 10 - section 6673(a)(1). However, the Court may sua sponte determine whether to impose such a penalty. We find that petitioner instituted and maintained this case primarily for delay. During the examination prior to the issuance of the notice of deficiency, the section 6330 hearing, and the trial of this case, petitioner raised no arguments of merit. Instead, he advanced only frivolous and groundless arguments. In the notice of determination, respondent warned petitioner of the possibility of a penalty under section 6673(a)(1). Additionally, petitioner is an attorney who is admitted to practice before this Court and has represented at least two taxpayers before the Court. See Olmos v. Commissioner, T.C. Memo. 2007-82; Heers v. Commissioner, T.C. Memo. 2007-10. Under the circumstances, it is reasonable to assume that petitioner understood the potential consequences of maintaining an action primarily for delay and of raising frivolous and groundless arguments. On the basis of the above, we shall impose a penalty on petitioner pursuant to section 6673(a)(1) in the amount of $5,000. We have considered all arguments made, and, to the extent not mentioned, we conclude that they are moot, irrelevant, or without merit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007