- 8 - that respondent moves the Court to impose a penalty upon petitioner under section 6673. Section 6673(a)(1) provides that Whenever it appears to the Tax Court that–- (A) proceedings before it have been instituted or maintained by the taxpayer primarily for delay, (B) the taxpayer's position in such proceeding is frivolous or groundless, or (C) the taxpayer unreasonably failed to pursue available administrative remedies, the Tax Court, in its decision, may require the taxpayer to pay to the United States a penalty not in excess of $25,000. Respondent argues that penalties should be imposed because petitioner instituted and/or is maintaining these proceedings primarily for delay and because petitioner’s positions in these proceedings are frivolous. In particular, respondent contends that petitioner did not advance meaningful positions regarding his 2003 or 2004 tax years and that the documents he filed were frivolous and contained insulting and false accusations against respondent’s employees, Court employees, and Judges of the Court. The Court of Appeals for the Third Circuit has observed that “the legislative history of §6673 supports the view that it is a penalty statute designed to deter taxpayers from bringing frivolous or dilatory suits, and not a damage provision enacted to compensate the IRS.” Sauers v. Commissioner, 771 F.2d 64, 68Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: March 27, 2008