Herbst Asset Mgmt. Trust, et al. - Page 26




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          that section in the amount of $25,000.                                      
               Pursuant to Herbst I, on March 28, 2002, the Court entered             
          an Order of Dismissal and Decision in each of the cases at docket           
          Nos. 10001-00 and 10002-00.  In each such Order, the Court                  
          granted respondent’s motion to dismiss for lack of prosecution in           
          each such case in that we dismissed each of those cases for                 
          failure by petitioner to prosecute.  The Court also entered in              
          each such Order a decision in each of the cases at docket Nos.              
          10001-00 and 10002-00 (1) sustaining the determinations that                
          respondent made in the notice of deficiency to which each such              
          case pertained, but in reduced amounts which respondent conceded            
          were appropriate in order to reflect the duplication of certain             
          income determinations in the respective notices of deficiency               
          issued to Ms. Herbst and Mr. Herbst, and (2) imposing a penalty             
          pursuant to section 6673(a)(1) on Ms. Herbst in the case at                 
          docket No. 10001-00 in the amount of $25,000 and on Mr. Herbst in           
          the case at docket No. 10002-00 in the amount of $25,000.                   
               On June 24, 2002, Mr. Wise again entered an appearance in              
          each of the cases at docket Nos. 9999-00 through 10002-00.  On              
          the same date, Mr. Wise, on behalf of Herbst Management Trust in            
          the case at docket No. 9999-00 and Herbst Charitable Trust in the           
          case at docket No. 10000-00, filed a motion for leave (motion for           
          leave) to file motion to vacate order of dismissal in each of               
          those cases and lodged a motion to vacate (motion to vacate)                






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