Johann Keil and Catherine Keil - Page 4

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          former counsel, Dwight M. Montgomery (Montgomery), was                      
          unauthorized to agree to the settlements on their behalf.2                  
          Following an evidentiary hearing on petitioners’ motion, we                 
          decide whether to vacate the stipulated decision and to set aside           
          the related stipulations of settlement.  We hold that we shall.             
                                  FINDINGS OF FACT                                    
               Some facts were stipulated.  We incorporate herein by this             
          reference the parties’ stipulation of facts and the exhibits                
          submitted therewith.  We find the stipulated facts accordingly.             
          Petitioners attached certain documents to their opening brief as            
          an appendix.  These documents and the statements therein are not            
          evidence.  We give these documents and statements no                        
          consideration except to the extent that they are duplicative of a           
          document or statement otherwise in evidence.  See Rule 143(b);3             
          see also Harris v. Commissioner, T.C. Memo. 1998-332 (documents             
          attached to a brief are not evidence).                                      
               Petitioners, husband and wife, resided in San Juan                     
          Capistrano, California, when their petition was filed.  During              
          1993 and 1994, they worked in a business that provided physical,            
          occupational, and speech therapy services to nursing homes.                 


               2 Although this motion was filed as a motion to vacate the             
          decision, we understand and treat it as a request by petitioners            
          to vacate the stipulations of settlement as well.                           
               3 Unless otherwise indicated, section references are to the            
          Internal Revenue Code applicable to the relevant years.  Rule               
          references are to the Tax Court Rules of Practice and Procedure.            




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