- 3 - Trial was originally scheduled to take place during the Court’s trial session commencing October 19, 1998. At the calendar call for such trial session, counsel for petitioners submitted an unopposed motion to continue. Through the motion, counsel for petitioners represented to the Court that (1) petitioner Frank A. Luca (Mr. Luca) had been convicted on several counts of fraud on January 5, 1998, and at the time was serving a 160-month sentence in a Federal facility, (2) the whereabouts of petitioner Sherry L. Luca (Ms. Luca) were unknown, and attempts by petitioners’ counsel to contact her had been unsuccessful, and (3) Mr. Luca’s business records had been seized by the Arizona Attorney General’s office. The motion also indicated that there existed 16 boxes of incomplete and unorganized copies of Mr. Luca’s business records and further suggested that petitioners could substantiate the disallowed deductions once Mr. Luca had an opportunity to review and organize such copies.4 We granted the motion to continue, and the trial was rescheduled to take place during the Court’s trial session commencing April 19, 1999. On January 4, 1999, petitioners’ counsel filed a motion to withdraw from the case, citing his continued inability to contact Ms. Luca and the lack of cooperation on the part of Mr. Luca. 4 The motion also stated that Mr. Luca had recently undergone coronary artery bypass surgery, and that he had required repeated hospitalization. No documentation of these facts, however, was provided.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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