- 14 - Court. Cinema ‘84 v. Commissioner, 122 T.C. 264, 270 (2004). Fraud on the Court is a fraud which harms the integrity of the judicial process. Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238, 245 (1944), Standard Oil Co. of California v. United States, 429 U.S. 17 (1976). Petitioners bear a heavy burden of establishing specific facts to show “a convincing case of palpable fraud on the court”. Kenner v. Commissioner, 387 F.2d 689, 691 (7th Cir. 1968). Petitioners primarily argue that Jacob and respondent’s counsel committed a fraud on the Court by not appropriately informing the Court that there were problems under Rule 24(g)(1) with Jacob’s continued representation of petitioners.6 According 6 Rule 24(g) provides, in relevant part: (g) Conflict of Interest: If any counsel of record (1) was involved in planning or promoting a transaction or operating an entity that is connected to any issue in a case * * * or (3) is a potential witness in a case, then such counsel must either secure the informed consent of the client (but only as to items (1) and (2)); withdraw from the case; or take whatever other steps are necessary to obviate a conflict of interest or other violation of the ABA Model Rules of Professional Conduct, and particularly Rules 1.7, 1.8, and 3.7 thereof. * * * This Rule became effective, as Rule 24(f), on July 1, 1990. It was subsequently redesignated Rule 24(g) in an amendment which became effective on Aug. 1, 1998. When the Court adopted Rule 24(f), the precursor to Rule 24(g), we noted: Paragraph (f) of Rule 24 is new. It has been added because the Court is concerned about the integrity of its decisions. All too frequently a (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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