-19- Commissioner, 468 F.2d 904 (9th Cir. 1972), affg. T.C. Memo. 1969-249. More fundamentally, petitioners have not convinced us that Mr. Kauffman lacked authority to settle petitioners’ cases. As the May 19, 2003, trial session approached, Mr. Gazi explored having Mr. Kell replace Mr. Kauffman as petitioners’ counsel. The evidence clearly shows, however, that Mr. Kell declined to take petitioners’ cases for a variety of reasons: Because no continuance had been granted (no written motion for a continuance having been filed), because Mr. Gazi had not paid him the requested $20,000 advance fee, and because Mr. Kell had lacked an opportunity to adequately assess the merits of petitioners’ cases. Moreover, on the basis of all the evidence, we do not believe that Mr. Gazi fired Mr. Kauffman until after the entry of the decisions in these cases.9 The evidence shows that on May 15, 2003, Mr. Gazi faxed materials to Mr. Kauffman and Ms. Miller in support of a continuance; that at least through May 16, 2003, Mr. Gazi continued to have telephone conversations with Mr. Kauffman regarding petitioners’ cases; and that in June 2003 (having ceased communications with Mr. Kell) Mr. Gazi met with Mr. Kauffman to discuss the cases. 9 In fact, the record does not establish that Mr. Gazi would have had any authority to fire Mr. Kauffman as counsel of record for All Community Walk In Clinic.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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