Amilu S. Rothhammer, formerly Amilu S. Martin - Page 7




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          C.   Whether Respondent's Position Was Substantially Justified              
               1.   Reasonable Basis in Law                                           
               We first decide whether respondent had a reasonable basis in           
          law for the contention that the petition was valid as to Martin.            
          Respondent cites Rule 33(b), Osborn v. United States Bank, 22               
          U.S. (9 Wheat.) 738, 830 (1824), and Gray v. Commissioner, 73               
          T.C. 639, 646-647 (1980), for the proposition that an attorney              
          who signs a petition is presumed to have authority to do so, and            
          that Berg’s signature is his representation that he was                     
          authorized to represent Martin.  Rule 33(b) states in pertinent             
          part that:  “The signature of counsel also constitutes a                    
          representation by counsel that counsel is authorized to represent           
          the party or parties on whose behalf the pleading is filed.”                
          Martin does not contend that respondent lacked a basis in law for           
          the contention that Berg was authorized to file the petition for            
          Martin.  We conclude that respondent had a reasonable basis in              
          law for contending that Berg was authorized to file the petition            
          on Martin’s behalf.                                                         
               2.   Reasonable Basis in Fact                                          
               We next decide whether respondent had a reasonable basis in            
          fact to contend that the petition was valid as to Martin.  When             
          respondent filed the answer in this case, respondent knew that              
          Berg was an attorney and that he had signed the petition for                
          Rothhammer and Martin.  Respondent also knew that Bergman had               






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