Johann Keil and Catherine Keil - Page 18

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               On March 16, 2004, the Court ordered Montgomery to file with           
          the Court a statement as to his understanding of his authority to           
          settle this case.  Montgomery responded that he had been                    
          authorized by Mr. Keil to settle this case in accordance with the           
          amounts shown in the stipulated decision, that petitioners had              
          been clients of his for approximately 4 years, and that                     
          petitioners had previously allowed one of them to speak on behalf           
          of (and bind) both of them.  Montgomery also stated that on                 
          December 15, 2003, he had explained the second stipulation of               
          settled issues to Mr. Keil and recommended its acceptance, Mr.              
          Keil had authorized Montgomery on behalf of petitioners to accept           
          the settlements reflected in that stipulation, and Mr. Keil had             
          informed him that Mr. Keil would obtain Ms. Keil’s acceptance of            
          the settlements.                                                            
                                       OPINION                                        
               Petitioners argue that the Court should vacate the                     
          stipulated decision and set aside the related stipulations of               
          settlement because Montgomery was not authorized to agree to the            
          settlements on their behalf.  Petitioners bear the burden of                
          proving that Montgomery lacked the requisite settlement                     
          authority.  See Dahl v. Commissioner, T.C. Memo. 1995-179, affd.            
          85 F.3d 643 (11th Cir. 1996).  We presume that a duly licensed              
          attorney appearing in this Court is authorized to act on behalf             
          of a litigant whom the attorney purports to represent.  Id.                 






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