- 5 -
message for Mr. Leonard. On February 26, 1999, Mr. Leonard
returned Mr. Tkacik’s telephone call. During the ensuing
conversation Mr. Leonard was informed that: (1) Respondent was
not permitted to contact petitioner directly because of Mr.
Leonard’s entry of appearance, (2) the case was calendared for
the Tax Court trial session in Cleveland, Ohio, commencing on
April 26, 1999, and (3) a conference should be scheduled to
comply with the Branerton2 requirements. Mr. Leonard stated that
he would discuss the matter with his client and with Mr.
Stefancin, and indicated that he might withdraw as attorney of
record.
On March 1, 1999, Mr. Leonard called Mr. Tkacik to inform
him that the necessary documents for his withdrawal as attorney
of record as well as the necessary documents for substitution of
counsel would be prepared and filed. To date, no withdrawal as
attorney of record by Mr. Leonard has been received by the Tax
Court. Richard F. Battagline (Mr. Battagline), another attorney
at Brouse McDowell, entered an appearance in this case on March
8, 1999.
During a telephone conference between Messrs. Tkacik and
Battagline on March 19, 1999, Mr. Battagline raised the issue
2 See Branerton Corp. v. Commissioner, 61 T.C. 691
(1974), requiring that parties make reasonable informal efforts
to obtain needed information voluntarily before resorting to
formal discovery.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011