David J. Edwards - Page 30

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              On June 21, 2001, Ms. Zusi and Ms. Moe participated in a                
         conference call with Ms. Spaid and the Court.  The purpose of the            
         conference call was to admonish Ms. Spaid that evidence of                   
         deductions needed to be included in the record and explain to Ms.            
         Spaid that a gratuitous transfer of assets to a trust does not               
         result in a stepped-up basis for the assets.  Respondent requests            
         reimbursement for 4.5 hours of Ms. Zusi’s time and 1 hour of Ms.             
         Moe’s time.  We do not order Ms. Spaid to reimburse respondent               
         for any of the time Ms. Zusi and Ms. Moe spent preparing for and             
         participating in the conference call because the call dealt                  
         almost entirely with issues that arose because of Ms. Spaid’s                
         negligence.                                                                  
              From July 2 to 6, 2001, Ms. Zusi spent 25.5 hours revising              
         the second stipulation of facts and preparing the accompanying               
         exhibits.  Ms. Zusi’s affidavit states:  “This time would not                
         have been necessary if Ms. Spaid had complied with the Court’s               
         directives and with the Tax Court Rules”.  We believe the time               
         Ms. Zusi spent revising the second stipulation of facts was                  
         caused by Ms. Spaid’s negligence, not her knowing and reckless               
         conduct.  Accordingly, we do not order Ms. Spaid to reimburse                
         respondent for any of the time Ms. Zusi spent revising the second            
         stipulation of facts.                                                        
              On July 17, 2001, Ms. Zusi and Ms. Moe spent 2 hours each               
         preparing for and participating in a conference call with Ms.                






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