Herbst Asset Mgmt. Trust, et al. - Page 11




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          sented in pertinent part as follows:                                        
                    In June 2001 the undersigned [Mr. Wise] contacted                 
               the Petitioners and related that although he had filed                 
               a petition with the Tax Court, on their behalf, at the                 
               request of their accountant James Binge, he did not                    
               have a signed representation agreement with them.                      
               Following that conversation an agreement was forwarded                 
               to the Petitioners.  After several weeks another call                  
               was placed to the Petitioners who indicated that they                  
               were having second thoughts about continuing the repre-                
               sentation and were exploring “non-traditional” alterna-                
               tives with James Binge.  At that time the undersigned                  
               explained that the opportunity to meet with an examiner                
               was rapidly evaporating and that formal discovery was                  
               immanent [sic].  The undersigned further explained the                 
               burden of complying with discovery and the possible                    
               sanctions for failure to comply.  The Petitioners were                 
               urged to consult another tax practitioner and it was                   
               suggested that reliance upon the recommendations of                    
               James Binge may not be in their best interest.  Follow-                
               ing that conversation the undersigned contacted the                    
               Petitioner’s examiner and requested that their file be                 
               held for a couple of weeks in case they changed their                  
               minds.                                                                 
                    On July 16th [2001] the undersigned contacted                     
               James Binge and was advised that the Petitioners did                   
               not wish to continue the representation and that the                   
               undersigned was not to attempt to contact them.  The                   
               undersigned was informed that replacement counsel in                   
               the person of Marc Lehotsky * * * had been selected.                   
               The undersigned contacted the Petitioners who verified                 
               that they had made arrangements to have Mr. Lehotsky                   
               represent them and that they were aware that a                         
               Branerton conference had been set for the 17th [of July                
               2001] with District Counsel’s office but that they did                 
               not wish to participate in such meeting unless they                    
               could be represented by their accountant James Binge.                  
               The undersigned related that he would not participate                  
               in the conference under those conditions.                              



               3(...continued)                                                        
          were “the same reasons” set forth in Mr. Wise’s respective                  
          motions to withdraw in the cases at docket Nos. 10001-00 and                
          10002-00.                                                                   





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