- 16 - OPINION I. Motion for Entry of Decisions A. Counsel’s Authority To Settle The question of whether counsel has the authority to settle a case on behalf of a taxpayer is factual and must be decided according to common law principles of agency. Dorchester Indus., Inc. v. Commissioner, 108 T.C. 320, 331 (1997), affd. without published opinion 208 F.3d 205 (3d Cir. 2000); Adams v. Commissioner, 85 T.C. 359, 369-372 (1985); Kraasch v. Commissioner, 70 T.C. 623, 627-629 (1978). Authority may be granted by express statements or by implication from a taxpayer’s words or deeds. Estate of Quirk v. Commissioner, T.C. Memo. 1995-234. Where taxpayers challenge the authority of counsel to act on their behalf, the burden of proof rests with the taxpayers to show that their counsel lacked authority. Newbern v. Commissioner, T.C. Memo. 1999-112. The evidence presented on this issue consists of petitioners’ various submissions to this Court after cancellation of the trial, documentary evidence introduced at the hearing, and the conflicting testimony of Messrs. McCarthy, Brant, and Neubeck and Mrs. Wolfe, on the one hand, and of Mr. Wolfe, on the other. Distilling truth from the testimony of witnesses, whose demeanor we observe and whose credibility we evaluate, is "the daily grist of judicial life." Diaz v. Commissioner, 58 T.C. 560, 564Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011