- 29 - does not establish that such argument was omitted for reasons amounting to fraud on the Court.12 There is no suggestion of fraud on the Court in Mr. Young's actions. Mr. Young, who testified at the hearing, admitted that he had never met Mr. and Mrs. Dornbrock or had any direct contact with them, nor did he have any direct contact with any of the Pop Phonomasters investors, except for Mr. Pasternak, and that it was understood that this was the manner in which the Pop Phonomasters litigation would be handled. If Mr. or Mrs. Dornbrock were not kept sufficiently informed about the progress of this case, that was a result of either their own inattentiveness or an inadvertent failure of communication on the part of Mr. Pasternak. However, as this Court stated in DiSanza v. Commissioner, T.C. Memo. 1993-142, affd. without published opinion 9 F.3d 1538 (2d Cir. 1993): even if we were to conclude that * * * [counsel] was negligent in this matter [his representation of the Dornbrocks], such conduct would not constitute fraud on the Court. See Kenner v. Commissioner, 387 F.2d 689, 692 (7th Cir. 1968), affg. an unreported order of this Court; see also Dominquez v. United States, 583 F.2d 615, 617 (2d Cir. 1978). Moreover, even "Gross neglect on the part of a taxpayer's counsel does not constitute 'fraud on the Court'". Gazdak v. 12 Mrs. Dornbrock's claim of innocent spouse is undermined by the fact that she paid in full, without question, the first bill she received from respondent after the decision was entered with respect to the 1978 tax year.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