WFO Corporation, et al. - Page 17

                                       - 17 -                                         
          (1972).  In Kropp v. Commissioner, T.C. Memo. 2000-148, we                  
          described our role in this regard as follows:  "As a trier of               
          fact, it is our duty to listen to the testimony, observe the                
          demeanor of the witnesses, weigh the evidence, and determine what           
          we believe."  Having done so here, we have no doubt that Mr.                
          Wolfe and Mrs. Wolfe (for herself and on behalf of WFO) gave Mr.            
          McCarthy specific authority to sign the stipulation of settled              
          issues and settle these cases.                                              
               Messrs. McCarthy and Brant and Mrs. Wolfe convincingly                 
          testified that Mr. McCarthy sought and obtained express                     
          authorization from Mr. and Mrs. Wolfe on the afternoon of March             
          11, 2003, to settle the cases and sign the stipulation of settled           
          issues on behalf of all petitioners.  According to the testimony            
          of Mrs. Wolfe and Messrs. McCarthy and Brant, Mr. and Mrs. Wolfe            
          were faced with a decision to accept respondent’s final offer or            
          to go to trial the next day.  While Mr. Mansour persisted in his            
          claim that income was being double counted and accounted for in             
          the wrong year, Mr. and Mrs. Wolfe were advised by Messrs.                  
          McCarthy and Brant that Mr. Neubeck would not concede those                 
          issues, and they chose to settle after Mr. Neubeck made                     
          concessions on penalties.  Mr. Neubeck’s recollection of the                
          events of March 11 substantially corroborates that of Mrs. Wolfe            
          and Messrs. McCarthy and Brant.                                             








Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011