All Community Walk In Clinic - Page 19

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          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.                                           




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