- 11 - Petitioner contends that respondent failed to contact petitioner in regard to his 1980 deficiency during the pendency of the GIG case prior to 1994, and this led to petitioner's delay in payment of his 1980 tax. Prior to 1994, petitioner was represented by Mr. O'Donnell, and respondent was restricted by ethical considerations from directly contacting petitioner about his 1980 deficiency without Mr. O'Donnell's consent. See Model Rules of Professional Conduct Rule 4.2 (1998). During this time, however, respondent did contact Mr. O'Donnell on a number of occasions to discuss the GIG case and the outstanding settlement offers. We therefore conclude that petitioner's argument that respondent failed to contact him is without merit. Petitioner also claims that during two telephone conversations with IRS agents concerning petitioner's 1981 and 1989 taxable years, respondent communicated misinformation to him which constituted a ministerial error. Petitioner alleges that respondent misled him into believing that his 1980 deficiency had been settled. During these conversations, petitioner intentionally asked vague questions about whether unrelated issues in his 1981 and 1989 taxable years affected the 1980 taxable year. Petitioner never told the IRS agents that a notice of deficiency had been issued relating to his 1980 taxable year. When the IRS employees stated that they knew nothing about petitioner's 1980 taxablePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011