Geoffrey K. Calderone, Sr. - Page 11

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          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              






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