Nicholas Mack - Page 8




                                        - 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, 68            








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

Last modified: March 27, 2008