- 8 - before the Court. Subsequently, Frank Wheaton, Gilson, Wodlinger, and Garofalo left Washington, D.C. Later on November 3, 1995, Garofalo transmitted a letter via facsimile to Gilson (the November 3 letter). The November 3 letter contains attachments setting forth respondent’s proposed settlement figures with respect to the 1993 docketed cases. In addition, the attachments contain figures to settle the case at docket No. 23092-94, which involves the tax liability of Frank and Mary Wheaton for 1990 (the 1993 docketed cases and the case at docket No. 23092-94 hereafter referred to together as the docketed cases). The November 3 letter required a response by 11:00 a.m., on Monday, November 6, 1995. The settlement figures proposed by respondent in attachments to the November 3 letter are substantially the same as the figures contained in respondent’s motions for entry of decision, except that the attachments contain calculations of interest that are not part of respondent’s motions for entry of decision. Including interest, the attachments show amounts due in excess of $40 million. Richard F. Riley (Riley) and K. Martin Worthy (Worthy) are experienced tax attorneys associated with the law firm of Hopkins & Sutter as partner and senior counsel, respectively. They had been retained by Frank Wheaton to consult with his trial counsel, Gilson and Wodlinger, regarding the docketed cases. At Frank Wheaton’s request, Gilson and Wodlinger conferred by telephone with Riley and Worthy during the weekend of November 4 and 5,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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