- 8 - sibling. T.W. & M.W. v. Brophy, 124 F.3d 893, 897 (7th Cir. 1997); Eiges v. Commissioner, supra at 67. As previously discussed, the record amply demonstrates that Mr. Campos is unable to prosecute this action due to a medical disability. Moreover, as Mr. Campos’s spouse and de facto representative, Mrs. Campos has a sufficiently close relationship with Mr. Campos to justify her recognition as next friend. Finally, although we recognize that conflicts of interest may arise between spouses filing joint returns (see, e.g., sec. 6015), we are persuaded on this record that Mrs. Campos will represent the best interests of Mr. Campos in this proceeding.3 Consistent with the preceding discussion, and considering all the facts and circumstances, we conclude that this is an appropriate case for the Court to exercise its discretion under Rule 60(d). In an effort to promote the just, speedy, and inexpensive determination of this case, we shall grant Mrs. Campos’s pending motion in that we shall recognize Mrs. Campos as 3 There is no allegation in the petition that either spouse is entitled to relief from joint and several liability on a joint return under sec. 6015.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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