The 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.



