Dorchester Industries Incorporated, et al. - Page 29

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          necessary to obviate the conflict of interest.  Rule 24(f).  On             
          rare occasion, we require separate representation of persons with           
          differing interests, even if an apparent waiver has been                    
          obtained.  E.g., Para Techs. Trust v. Commissioner, T.C. Memo.              
          1992-575.                                                                   
               Although Gilson and Wodlinger may have believed that there             
          was some chance that Mary Wheaton could succeed with an innocent            
          spouse defense, they were far from convinced that such a claim              
          would succeed.  Wodlinger testified that he believed that Mary              
          Wheaton failed two of the tests for innocent spouse relief.                 
          Gilson and Wodlinger discussed both the innocent spouse defense             
          and separate representation with Mary Wheaton, and she stated               
          that she did not want separate counsel and did not want to raise            
          the innocent spouse defense.  She instructed Gilson and Wodlinger           
          to take their instructions from Frank Wheaton.  Frank Wheaton               
          directed Gilson and Wodlinger not to raise an innocent spouse               
          defense.                                                                    
               We believe that Gilson and Wodlinger did obtain informed               
          consent from Mary Wheaton to represent both her and Frank Wheaton           
          with respect to the 1993 docketed cases, and we so find.                    
          Moreover, nothing in the record puts these cases into the same              
          category as Para Techs. Trust v. Commissioner, supra, so that we            
          would require separate counsel even with an apparent waiver.                
          Although Mary Wheaton and respondent did, on July 1, 1996,                  
          stipulate that Mary Wheaton is an innocent spouse for tax years             




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