- 11 -
Jacob were involved in the settlement negotiations that resulted
in the settlement of the cases.
On October 1, 2001, respondent sent a letter to Jacob which
enclosed drafts of a proposed stipulation of settled issues for
each case. On October 5, 2001, respondent’s counsel submitted to
the Court a trial memorandum for these cases. That trial
memorandum stated that respondent anticipated calling Jacob as a
witness and that Jacob, if called, would testify “about how he
set up the transaction for petitioners to sell their stock”.
The trial memorandum also stated as an evidentiary problem:
Respondent intends to call Arthur Jacob as a witness.
Mr. Jacob is petitioners’ counsel of record. Mr. Jacob
told respondent’s counsel that he would file a motion
to withdraw as petitioners’ counsel. If Mr. Jacob does
not file a motion to withdraw, respondent intends to
file a motion that the Court disqualify Mr. Jacob as
petitioners’ counsel under Tax Court Rule 24(g).
As part of a letter dated October 11, 2001, Jacob enclosed a
signed stipulation for each case; copies were sent to petitioners
and to Hesselbacher. The stipulations of settled issues were
executed on behalf of respondent on October 16, 2001, and filed
with the Court on October 17, 2001.
In November 2001, Jacob sent several letters to respondent,
each of which stated that petitioners’ cases had been settled;
copies of these letters were sent to petitioners. In December
2001, Jacob sent two letters to respondent which made reference
to decision documents to be filed; copies of these two letters
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011