CITES BY TOPIC:  frivolous return

Internal Revenue Manual, Section 4.10.12:  Frivolous Return Program


26 U.S.C. §6702

TITLE 26 > Subtitle F > CHAPTER 68 > Subchapter B > PART I > Sec. 6702.

Sec. 6702. - Frivolous income tax return

(a) Civil penalty

If -

       (1) any individual files what purports to be a return of the

            tax imposed by subtitle A but which -

           (A) does not contain information on which the substantial

                correctness of the self-assessment may be judged, or

           (B) contains information that on its face indicates that the

                self-assessment is substantially incorrect; and

      (2) the conduct referred to in paragraph (1) is due to -

          (A) a position which is frivolous, or

          (B) a desire (which appears on the purported return) to delay

               or impede the administration of Federal income tax laws, then such individual          

              shall pay a penalty of $500.

(b) Penalty in addition to other penalties

The penalty imposed by subsection (a) shall be in addition to any other penalty

provided by law.]


Revenue Ruling 2004-34/Internal Revenue Bulletin 2004-12: Zero Returns, Statements in Lieu of Returns


Revenue Ruling 2006-21/Internal Revenue Bulletin 2006-15: Frivolous Returns, Reliance upon OMB control numbers


Internal Revenue Manual (IR.M.) Exhibit 20.1.1.6-6 Penalty Reference Numbers (600 Series)-[includes list of penalties for frivolous returns.  If you are penalized for anything not in this list, then it is an illegal penalty]


Lovell v. United States (755 F.2d. 517):

This court recently warned taxpayers who put forth frivolous arguments in bad faith that we would not hesitate to impose sanctions pursuant to Fed. R. App. P. 38. Granzow v. Commissioner, 739 F.2d 265, 269-70 (7th Cir. 1984). See also Edgar v. Inland Steel Co., 744 F.2d 1276, 1278 (7th Cir. 1984); United States v. Ekblad, 732 F.2d 562 (7th Cir. 1984). Other circuits have imposed sanctions in 6702 cases, see Martinez v. IRS, 744 F.2d 71 (10th Cir. 1984) (per curiam); Davis, 742 F.2d at 173; Baskin v. United States, 738 F.2d 975, 977 (8th Cir. 1984) (per curiam); Crain v. Commissioner, 737 F.2d 1417, 1418 (5th Cir. 1984), and we believe sanctions are appropriate in this case. Accordingly, the United States shall recover, from plaintiffs, reasonable attorneys' fees and costs incurred in defending this appeal. The government shall file with this court, within 15 days of the date of this order, a submission as to the fees and costs it has incurred on appeal. The judgment of the district court is AFFIRMED.

[Lovell v. United States (755 F.2d. 517)]