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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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Last modified: May 25, 2011