- 10 - On the basis of our review of the record, we conclude that there is no genuine dispute as to a material fact. Petitioner has failed to make a valid challenge to the appropriateness of respondent’s intended collection action or offer alternative means of collection. In the absence of a valid issue for review, we conclude that respondent is entitled to judgment as a matter of law and sustain respondent’s collection actions. Section 6673(a)(1) authorizes the Tax Court to require a taxpayer to pay to the United States a penalty no greater than $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 proceedings is frivolous or groundless. Although we do not impose a section 6673 penalty 4(...continued) the PRA are not met. This provision, however, was merely a recodification of a similar provision that had been contained in 44 U.S.C. sec. 3512 since the inception of the PRA in 1980; the 1995 amendments clarified the time and manner in which a 44 U.S.C. sec. 3512 defense could be asserted, and made other clarifying changes, but did not fundamentally alter the scope or purposes of this provision. See H. Conf. Rept. 104-99 at 36 (1995), reprinted at 1995 U.S.C.C.A.N. at 248-249; H. Rept. 104- 37, at 53 (1995), reprinted at 1995 U.S.C.C.A.N 164, 216 (“The intended scope, purposes, and requirements of section 3512’s current provisions on public enforcement of the Act’s information collection clearance requirements are unchanged.”). As previously discussed, numerous judicial precedents have consistently construed 44 U.S.C. sec. 3512 as offering no protection from statutory penalties for failure to pay taxes and file tax returns; nothing in the 1995 amendments suggests any different result.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007