- 5 - outside the United States and, hence, outside the subpoena power of this Court. Respondent hoped to introduce testimony given by these witnesses in the criminal trials into the record of the civil trials. After the conclusion of the criminal trials against Mr. Kilpatrick and Mr. O'Donnell, the proceedings in the GIG case were further delayed because of several procedural motions on the part of respondent and by Mr. O'Donnell's filing of so-called Kelley motions to dismiss because of the expiration of the period of limitations. The parties litigated the Kelley motions all the way to the Supreme Court. The Supreme Court eventually ruled on the motions. In or around December 1993, the Tax Court calendared the GIG case for trial on February 6, 1995. Around October 1994, Mr. O'Donnell withdrew as counsel in the GIG case because of (1) a lack of communication with his clients and (2) respondent's intention to call Mr. O'Donnell as a witness in the civil trials. Before Mr. O'Donnell's withdrawal, respondent dealt with Mr. O'Donnell with respect to the GIG case. After Mr. O'Donnell withdrew, respondent immediately began directly contacting petitioner concerning the GIG case. As of 1984, the IRS proposed settlement offers to the investors of the Kilpatrick shelter and a substantial number of investors accepted. In March 1995, petitioner accepted a settlement offer from respondent. Pursuant to the settlement,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011