Alfred J. Martin - Page 5

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          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 to             






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