Geoffrey K. Calderone, Sr. - Page 14

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          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...)           




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