Scott A. Lewis - Page 12

                                       - 12 -                                         
          petitioner had a required annual payment for 2003 payable in                
          installments under section 6654; analysis by the Court under                
          section 6654(d)(1)(B)(ii) does not apply.  See id.  Respondent              
          has met his burden of production under section 7491(c) with                 
          respect to the section 6654 addition to tax, and we sustain                 
          respondent’s determination.                                                 
          6.   Section 6673(a)(1) Penalty                                             
              Respondent moves the Court to impose a penalty on petitioner           
          under section 6673.  Section 6673(a)(1) authorizes this Court to            
          require a taxpayer to pay to the United States a penalty not in             
          excess of $25,000 whenever it appears that proceedings have been            
          instituted or maintained by the taxpayer primarily for delay or             
          that the taxpayer's position in such proceeding is frivolous or             
          groundless.  A taxpayer’s position is frivolous or groundless if            
          it is “‘contrary to established law and unsupported by a                    
          reasoned, colorable argument for change in the law.’”  Williams             
          v. Commissioner, 114 T.C. 136, 144 (2000) (quoting Coleman v.               
          Commissioner, 791 F.2d 68, 71 (7th Cir. 1986)).  We find that               
          petitioner has advanced frivolous and groundless statements,                
          contentions, and arguments.  We further find that petitioner has            
          instituted this proceeding primarily for delay.  Under the                  
          circumstances presented, we shall impose on petitioner a penalty            
          in the amount of $2,000.                                                    







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011