- 30 - Richards I granting respondent’s respective motions to dismiss for lack of prosecution in the cases at docket Nos. 10765-00 and 10766-00 and imposing a penalty under section 6673(a)(1) on Mr. Richards in those cases in the respective amounts of $8,000 and $18,000. The crux of petitioners’ motion for reconsideration regarding all of those holdings is petitioners’ claim that Mr. Richards’ conduct in these cases was the result of his reliance on Mr. Binge, his tax return preparer, and Mr. Bentivegna, an associate of Mr. Binge. That claim rings hollow. Not only did respondent and the Court inform petitioners in these cases that there could be sanctions as a result of their conduct in these cases, petitioners’ counsel Mr. Wise also advised Mr. Richards that “reliance upon the recommendations of James Binge may not be in his best interest.” In response to such advice and other advice from Mr. Wise, petitioners fired 13(...continued) Richards Charitable Trust, which Mr. Richards alleges in Mr. Richards’ affidavit in that case “were maintained in my posses- sion until April, 2002.” Although the trust papers attached to Mr. Richards’ affidavit in the case at docket No. 10767-00 bear the date Apr. 26, 1995, those papers list Mr. Richards and Joy Ann Richards as the directors and the trustees of Richards Charitable Trust. However, Joy Ann Richards died at an undis- closed time prior to Aug. 15, 1997. Moreover, in that case, Mr. Bentivegna signed as “Trustee” the response to the Court’s December 3, 2001 Show Cause Order and the response to respon- dent’s motion to hold petitioner in default. We conclude that Mr. Richards’ affidavit and the trust papers attached to Mr. Richards’ affidavit in the case at docket No. 10767-00 do not establish who has the authority to act on behalf of Richards Charitable Trust in that case.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011