Sharon E. Backstrom, Harold J. and Zelma G. Barbret, Virginia Boland, John A. and Theresa A. Cislaghi, Estate of Roger W. Dornbrock, Gary E. and Beverly G. Engel, Hermann K. and Helen W. Enzmann, - Page 11

                                       - 11 -                                         

               In her motion for leave to file, in which Mrs. Dornbrock is            
          represented by attorney Andrew W. Mychalowych (Mr. Mychalowych),            
          she alleges "fraud on the Court" because Mr. Young lacked                   
          authority to represent her in this case.  In further filings,               
          Mrs. Dornbrock alleges that this Court lacked jurisdiction over             
          both her and the estate of her deceased husband.  At the hearing,           
          Mrs. Dornbrock modified her position to contend that Mr. Young's            
          lack of authority to represent her originated only at the time of           
          her husband's death.8  She further alleges that any authority Mr.           
          Young may have had to represent her husband terminated upon Mr.             
          Dornbrock's death, and that Mr. Young had no authority to                   
          represent her as personal representative of her husband's estate.           
          Mrs. Dornbrock asserts that Mr. Young had no authority to execute           
          the stipulated decision document on her behalf and on behalf of             
          the estate of her deceased husband, and, therefore, the decision            
          should be vacated.  Respondent objects to petitioner's motion.              
               With regard to the argument that Mr. Young lacked authority            
          to represent her, Mrs. Dornbrock contends that she had no                   

          8                                                                           
               Mrs. Dornbrock's changed position appears to have resulted             
          from the Court's observation that, if Mr. Young never had                   
          authority to represent her, this Court never had jurisdiction               
          over her, and respondent would have been free to assess her for             
          the amounts determined in the notice of deficiency.  This result            
          would complicate the legal process in that presumably Mrs.                  
          Dornbrock would be required to continue the action in this Court            
          for a determination that there was no jurisdiction and commence a           
          separate legal proceeding in U.S. District Court for a refund.              
          This latter proceeding, however, would require a prior payment in           
          full of the assessments.                                                    




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