Geoffrey K. Calderone - Page 11

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          to dispute an underlying tax liability when the agent fails to              
          act or acts in a manner contrary to what is appropriate in the              
          principal-agent relationship.                                               
               We find it curious that Mr. Jacob would notify the client’s            
          ex-wife stating he was not representing her and then never                  
          discuss the notice with the client.  It would also be odd for the           
          client, whose established practice was to contact his trusted               
          adviser after receiving tax correspondence (and who socializes              
          with that adviser), not to discuss the deficiency notice                    
          mentioned in a letter to his ex-wife.                                       
               Although Mr. Jacob testified that it was not his normal                
          practice to file a petition in the Tax Court on behalf of a                 
          client without being asked by the client, we find his testimony             
          to be inconsistent with facts indicating that Mr. Jacob                     
          exclusively represented petitioner before the IRS before the 1995           
          tax year.  Moreover, Mr. Jacob’s statement is self-serving and              
          entitled to less weight, considering that at the time of the                
          trial in this case, Mr. Jacob continued to be embroiled in                  
          litigation with petitioner.  We also find incredible Mr. Jacob’s            
          contention that even though he had a power of attorney on file              
          with the IRS, he was not obligated to act on behalf of his client           
          when he received correspondence from the IRS, particularly when             
          he knew that petitioner relied on him exclusively to resolve all            
          tax matters.                                                                






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