All Community Walk In Clinic - Page 25

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          Conclusion                                                                  
               Petitioners have failed to establish specific facts                    
          demonstrating that Mr. Kauffman or Ms. Miller perpetrated any               
          fraud on the Court.  In particular, petitioners have failed to              
          show that Mr. Kauffman lacked authority to consent to the entry of          
          the decisions in these cases or that Ms. Miller, at the time the            
          settlement agreement was reported to the Court or the stipulated            
          decision documents were submitted, had reason to believe he lacked          
          such authority.  The mere fact that Ms. Miller previously had               
          filed documents with the Court stating that Mr. Kauffman was no             
          longer authorized to act on petitioners’ behalf, does not suggest           
          that Ms. Miller sought to perpetrate a fraud on the Court by                
          entering into the settlement agreement.  To the contrary, we                
          believe that Ms. Miller acted reasonably and in good faith by               
          bringing the issue to the Court’s attention and discussing it with          
          the Court, Mr. Kauffman, Mr. Kell, and Mr. Gazi.  We find that by           

               13(...continued)                                                       
          distracted and preoccupied with his wife’s health.  We do not               
          believe, however, that this circumstance explains why Mr. Gazi              
          would have been wholly inattentive to lining up new counsel,                
          making trial preparations, or seeking further continuances, if he           
          actually believed that the trials had been continued until June             
          30, 2003, as he told Mr. Kell.  Indeed, Mr. Gazi had been keenly            
          focused on petitioners’ Tax Court cases at least since May 2,               
          2003, when he received respondent’s settlement offers, through              
          the period that culminated with his June 15, 2003, meeting with             
          Mr. Kauffman in Baltimore.  We do not find credible petitioners’            
          suggestion, which is supported by no credible evidence, that Mr.            
          Gazi had ceased to attend to these cases because he was under the           
          impression that the trials had been continued until some                    
          indefinite future date.                                                     




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Last modified: May 25, 2011