Shirley L. Johnson - Page 9




                                        - 9 -                                          
               multiplied the proceedings in these cases unreasonably                  
               and vexatiously, Joe Alfred Izen, Jr., shall pay                        
               personally the excess costs, expenses, and attorney’s                   
               fees reasonably incurred because of his conduct in                      
               these cases.  * * *                                                     
          The Order also provided that, at the time of trial in Houston on             
          December 4, 2000, respondent would present evidence as to the                
          excess costs, expenses, and attorney’s fees reasonably incurred              
          because of the conduct of Izen by which he multiplied the                    
          proceedings unreasonably and vexatiously.                                    
               Although, in seeking various delays throughout these cases,             
          Izen has represented that he had trial commitments in Seattle,               
          Washington; San Diego, California; Portland, Oregon; Denver,                 
          Colorado; Cleveland, Ohio; Salt Lake City, Utah; Chicago,                    
          Illinois; Phoenix, Arizona; and various places in Texas, and                 
          notwithstanding Johnson’s claims that she could not appear at                
          trial because of illness, Johnson never sought to change the                 
          place of trial to Indianapolis, closer to her home in Indiana.               
          Instead, on or about November 17, 2000, Izen sent to the Court               
          and to respondent a motion for leave to take Johnson’s deposition            
          “under Rule 75”.  The motion was returned unfiled because it was             
          untimely and improper under the Court’s Rules.  (There was no                
          attempt to comply with Rule 81, dealing with depositions to                  
          perpetuate testimony.)  Respondent served a notice of objection              
          on Johnson, pointing out noncompliance with the Tax Court Rules              
          and inadequate notice to respondent.                                         






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011