- 5 - our opinion in Martin II “either held or strongly inferred facts in conflict with the facts as found [in Martin I], or contrary to the stipulation filed in [Martin II], and those errors were material to [the Court’s] reasoning and conclusion.” The first such error identified by petitioner is our statement that Mr. Berg was petitioner’s counsel in a related deficiency case. Petitioner contends that our statement equated with a finding contrary to Martin I that Mr. Berg was authorized to file the petition on petitioner’s behalf in the 1980 deficiency case. In so arguing, petitioner misreads Martin II, which clearly provided that “petitioner did not file, authorize the filing of, or ratify the filing of the petition Mr. Berg signed and submitted.” Furthermore, our holding with respect to the unauthorized petition’s effect on the limitations period stated that “Although petitioner did not authorize Mr. Berg to file the petition, the petition nevertheless placed a ‘proceeding in respect of the deficiency’ on our docket and suspended the limitations period.” (Emphasis added.) Petitioner asserts, as our second error, that a footnoted portion of our discussion in Martin II conflicts with the findings of fact in Martin I. In Martin II, we stated in footnote 14 that Congress did not intend the expiration of the limitations period during the period that a defective petition is pending before the Court to disable the Commissioner’s power toPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011