- 12 - Coordinated Pretrial Proceedings in Antibiotic Antitrust Actions, 538 F.2d 180, 195 (8th Cir. 1974); citations omitted).] See also Browning v. Navarro, 826 F.2d 335, 345 (5th Cir. 1987). As suggested, the evidence and allegations that petitioners offer in support of their allegations of a fraud upon the Court are extremely vague and unsupported, and they call for little further discussion. We note that petitioners’ counsel herein and petitioners’ prior counsel represented many taxpayers who were involved in the Elektra Hemisphere tax shelters, and petitioners' former and/or present counsel likely have been aware, for many years, of all settlement positions that were made available by respondent. Assuming, arguendo, that respondent’s counsel -- in 1994 and later years after the Krause v. Commissioner, 99 T.C. 132 (1992), test case opinion was rendered -- did not specifically inform petitioners’ counsel of all prior settlement positions that were available to investors in the Elektra Hemisphere tax shelters, there would be no basis for finding that a fraud has occurred on the Court. As explained above, TEFRA settlement procedures do not apply to these cases involving pre-TEFRA years, and there existed no obligation on respondent’s counsel in these cases to inform all petitioners of each and every settlement position available to investors.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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