All Community Walk In Clinic - Page 22

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          cases.  Unless petitioners took some action, they faced possible            
          dismissal of their cases and entry of decisions against them, as            
          stated in the Court’s December 18, 2002, notices setting the cases          
          for trial.                                                                  
               That potential outcome obviously would have been less                  
          attractive to petitioners than respondent’s settlement offer,               
          which offered substantial concessions; specifically, a reduction            
          in the Gazis’ tax liability of about $800,000, including                    
          substitution of negligence penalties for the fraud penalty.  Mr.            
          Gazi had received this settlement offer on May 2, 2003.  He had             
          discussed it with Ms. Miller, Mr. Kauffman, and Mr. Kell.  Both             
          Mr. Kell and Mr. Kauffman had advised him of the benefits of                
          accepting the settlement offer and later pursuing options to avoid          
          paying the resulting tax liability.  Especially in light of these           
          various considerations, we find credible Mr. Kauffman’s testimony           
          that on May 15, 2003, Mr. Gazi authorized him to pursue settlement          
          with Ms. Miller and a short time later authorized him to accept             
          respondent’s settlement offer.                                              
               Petitioners seem to suggest that someone, ostensibly Mr.               
          Kauffman, misled Mr. Gazi into believing that the Court had                 
          granted a last-minute continuance of these cases, and that Mr.              
          Kauffman and Ms. Miller then proceeded in bad faith to enter into           
          a settlement agreement that they knew petitioners had not                   
          authorized and that was never disclosed to petitioners.  We find            






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