- 4 - former counsel, Dwight M. Montgomery (Montgomery), was unauthorized to agree to the settlements on their behalf.2 Following an evidentiary hearing on petitioners’ motion, we decide whether to vacate the stipulated decision and to set aside the related stipulations of settlement. We hold that we shall. FINDINGS OF FACT Some facts were stipulated. We incorporate herein by this reference the parties’ stipulation of facts and the exhibits submitted therewith. We find the stipulated facts accordingly. Petitioners attached certain documents to their opening brief as an appendix. These documents and the statements therein are not evidence. We give these documents and statements no consideration except to the extent that they are duplicative of a document or statement otherwise in evidence. See Rule 143(b);3 see also Harris v. Commissioner, T.C. Memo. 1998-332 (documents attached to a brief are not evidence). Petitioners, husband and wife, resided in San Juan Capistrano, California, when their petition was filed. During 1993 and 1994, they worked in a business that provided physical, occupational, and speech therapy services to nursing homes. 2 Although this motion was filed as a motion to vacate the decision, we understand and treat it as a request by petitioners to vacate the stipulations of settlement as well. 3 Unless otherwise indicated, section references are to the Internal Revenue Code applicable to the relevant years. Rule references are to the Tax Court Rules of Practice and Procedure.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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