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IRS Announces Growing Fines Against Taxpayers Making Frivolous Claims

Irs_5The IRS on Thursday announced (IR-2005-64) that courts are imposing stiff fines on taxpayers who make frivolous claims in trying to avoid their tax obligations:  the Tax Court has imposed over 100k of penalties since 2004 (and over 375k since 2001), and the Second, Ninth, and Tenth Circuits have upheld six earlier Tax Court decisions assessing over 15k in penalties:

Section 6673 Penalties Imposed by Tax Court in Published Collection Due Process Cases Since Jan. 1 2004

Case

State

Citation

Date

Penalty

Poe v. Commissioner

OH

TCM 2005-107

05/16/05

$2,000

Krueger v. Commissioner

GA

TCM 2005-105

05/11/05

$1,500

Howard v. Commissioner

AZ

TCM 2005-100

05/09/05

$10,000

Williams v. Commissioner

NE

TCM 2005-94

04/25/05

$5,000*

Lehmann v. Commissioner

AZ

TCM 2005-90

04/25/05

$2,500

Burke v. Commissioner

AZ

124 TC No 11

04/12/05

$2,500

Kilgore v. Commissioner

MA

TCM 2005-24

02/15/05

$10,000

Kolker v. Commissioner

CA

TCM 2004-288

12/29/04

$25,000

Gavigan v. Commissioner

CT

TCM 2004-155

11/10/04

$2,000

Yazzie v. Commissioner

AZ

TCM 2002-233

10/13/04

$2,000

Hiland v. Commissioner

AZ

TCM 2004-255

10/06/04

$1,000

Johnston v. Commissioner

AZ

TCM 2004-224

10/05/04

$3,000

Hamzik v. Commissioner

NV

TCM 2004-223

10/05/04

$15,000

Gilligan v. Commissioner

CA

TCM 2004-194

08/30/04

$5,000

Gatlos v. Commissioner

PA

TCM 2004-102

08/26/04

$2,000

Henderson v. Commissioner

AR

TCM 2004-157

07/01/04

$15,000

Jensen v. Commissioner

AK

TCM 2004-120

05/17/04

$10,000

Frey v. Commissioner

VA

TCM 2004-87

03/30/04

$4,000

*sua sponte

2004/2005 Appeals Court Actions Affirming Tax Court Sanctions

  • Adams v. Commissioner — 95 A.F.T.R2d 2005-1862 (9th Cir. April 12, 2005), $1,000 sanction by Tax Court affirmed plus Court of Appeals imposed additional $2,000 sanction.
  • Boyd v. United States — 2005 US App. Lexis 1658 (10th Cir.), $2,500 sanction by Tax Court affirmed.
  • Cardona v. Commissioner — 2004 US App. Lexis 25259 (2d Cir.), $1,000 sanction by Tax Court affirmed.
  • Hobbs v. Commissioner — 2004 US App. Lexis 19504 (9th Cir.), $2,500 sanction by Tax Court affirmed.
  • Holguin v. Commissioner — 2004 US App. Lexis 17848 (9th Cir.), $1,600 sanction by Tax Court affirmed.
  • Le Doux v. Commissioner — 2004 US App. Lexis 13262 (10th Cir.), $5,000 sanction by Tax Court affirmed.

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