William Grant Lee - Page 11




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               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 taxable               






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