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 28

                                       - 28 -                                         

          was affected by her husband's death.  Under these circumstances,            
          Mrs. Dornbrock cannot now claim ignorance and expect this Court             
          to vacate a final decision based on such claims.  A taxpayer's              
          lack of diligence does not amount to fraud on the Court.                    
               Finally, Mrs. Dornbrock contends that, due to fraud on the             
          Court, she was denied the right to assert the defense of                    
          "innocent spouse" under section 6013(e).  The evidence does not             
          show that any person gave Mr. Young any reason to believe that              
          there was an innocent spouse issue in this case.  Further, there            
          is no reason to believe that such issue was not raised in the               
          petition because of any collusion or fraud.  Even if this Court             
          were to conclude that Mrs. Dornbrock was entitled to innocent               
          spouse relief, the decision should not be vacated because of the            
          failure of Mr. Young to raise that issue.  See Slavin v.                    
          Commissioner, 932 F.2d 598, 601 (7th Cir. 1991), revg. on another           
          ground T.C. Memo. 1990-44, involving failure to raise an innocent           
          spouse argument:                                                            
               There is no principle of effective assistance of counsel in            
               civil cases.  Shortcomings by counsel may be addressed in              
               malpractice actions; they do not authorize the loser to                
               litigate from scratch against the original adversary.                  
               [Citations omitted.]                                                   
          The argument of innocent spouse relief for Mrs. Dornbrock may               
          have been omitted through error or oversight or lack of                     
          communication or because counsel considered, correctly or                   
          incorrectly, that the argument was invalid, but the record here             





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