- 23 - notice of deficiency.11 Indeed, Mrs. Dornbrock failed to show how Mr. Young could have obtained the correct amounts of deficiencies and additions to tax, to include in the joint petition, unless her husband had indeed forwarded their notice of deficiency to Mr. Young through Mr. Pasternak. On the entire record, this Court is convinced that Mr. Young was given the authority, by Mr. Dornbrock, to represent both Mr. and Mrs. Dornbrock in the filing of the joint petition in this case on their behalf. The joint petition was timely filed and Mr. Young thereby became counsel of record for Mr. and Mrs. Dornbrock in this case. It is notable that the appearance of an attorney on behalf of an individual creates a presumption that the attorney has the authority to represent that individual. Osborn v. Bank of United States, 22 U.S. (9 Wheat.) 738, 830 (1824); Gray v. Commissioner, 73 T.C. 639, 646 (1980). No motion to remove or cause the withdrawal of Mr. Young as counsel for Mr. Dornbrock, Mrs. Dornbrock, or Mr. Dornbrock's estate was filed until after Mrs. Dornbrock filed the subject motion seeking to vacate or revise the decision, nor, for that matter, have any of the other petitioners in this case filed any motion to remove Mr. Young or to vacate the decision entered against them. Thus, it appears at 11 In fact, Mr. Young testified, and the record reflects, that he represented most, but not all, of the Pop Phonomasters investors.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011