- 7 - neither Mr. Griffin nor Mr. Driscoll had received any notice or had knowledge that Mr. Griffin no longer represented petitioners or no longer had the authority to act for them as their attorney. The IRS Form 2848, Power of Attorney and Declaration of Representative, which petitioners executed on December 29, 1993, was not received by counsel for respondent until February 14, 1994. The Form 2848 was accompanied by a letter signed by petitioners, dated January 5, 1994, which stated in part: This letter is to certify that my wife and I disagree with the decision (Docket No. 16255-92) that you and Mr. Griffin has agreed upon. Mr. Griffin is no longer hired/representing me nor can he enter into any contracts. His Power of Attorney is no longer valid. His signature on the United States Tax Court Decision is invalid/void as of the date he signed it. I have decided that there is no tax due and will be going to Tax Court on my behalf. I have a number of witnesses and affidavits to win in Tax Court. Also I have not seen any figures, explanations, or relevant reasons that the imposed tax is true and correct by you or Mr. Griffin. The Court is satisfied from the evidence adduced at the hearing that, at the conference on January 5, 1994, petitioner raised no objection to a settlement of the case. The purpose of the conference was to determine whether the case would settle, or whether the parties would proceed to trial. The Court is satisfied that Mr. Griffin, at the time of that conference and of the entry of decision, had no knowledge that petitioners desired to remove him as their attorney, nor did such information come toPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011