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 22

                                       - 22 -                                         

               be a fraud upon the court."  Toscano v. Commissioner, 441              
               F.2d at 933, quoting 7 J. Moore, Federal Practice, par.                
               60.33 (2d ed. 1970).  To prove such fraud, petitioners must            
               show that an intentional plan of deception designed to                 
               improperly influence the Court in its decision has had such            
               an effect on the Court. * * *                                          
          The Court must examine all of the evidence in light of the                  
          foregoing definition to determine whether the record establishes            
          fraud on the Court.                                                         
               The first consideration is Mr. Young's purported                       
          representation of all petitioners in the original joint petition.           
          The practice of a few attorneys, or even one attorney,                      
          representing a large group of investors who were engaged in a               
          single transaction is commonplace and is not by its nature a                
          cause for suspicion.  Also, it is not unusual in such                       
          circumstances for such attorney or attorneys to have direct                 
          contact with only a few, or even one, of the investors appointed            
          to represent the others.  The practice of such attorney or                  
          attorneys maintaining continuous and direct contact with each               
          individual investor could prove to be impractical,                          
          overburdensome, and could cause severe delays in the litigation             
          of a case.                                                                  
               Next, it is necessary to consider Mr. Dornbrock's                      
          authorization of Mr. Young to represent Mr. and Mrs. Dornbrock in           
          this case.  Mr. Young testified that he would not have included             
          an individual's name on the original joint petition unless he had           
          received from the individual a consent form and a copy of their             




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