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 29

                                       - 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.                                               




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