Johann Keil and Catherine Keil - Page 10

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          the “proposal” because she did not understand it.  She told                 
          Montgomery that this was so and that she wanted to discuss the              
          “proposal” with her accountant, Joann Ong Tan (Tan), before                 
          acting on it.  Montgomery asked Ms. Keil if he could talk to Mr.            
          Keil about the “proposal”.  Ms. Keil replied that the matter was            
          between her and Montgomery, and she reminded him that she had to            
          agree to any settlement on her part.  She also told him that she            
          might not necessarily agree with a settlement accepted by Mr.               
          Keil.  Following this conversation, Montgomery transmitted to Ms.           
          Keil in Hawaii an 18-page facsimile that included an unsigned               
          copy of the second stipulation of settled issues and Montgomery’s           
          analysis of the terms of that second stipulation.  He also at or            
          about that time transmitted by facsimile to Tan the same 18                 
          pages, but for a slight change in the message on the cover sheet            
          and an alteration or deletion of a paragraph concerning payment             
          concerns, and he stated on the cover sheet addressed to her that            
          the second stipulation of settled issues represented a “proposed            
          IRS settlement”.  Also on December 14, 2003, petitioners                    
          discussed with each other the status of the case and, more                  
          specifically, the facsimile that Ms. Keil had received from                 
          Montgomery.  Mr. Keil expressed no opinion on the second                    
          stipulation of settled issues but stated that he wanted an                  
          accountant first to review it.  At or about the same time, Ms.              
          Keil also spoke by telephone with Tan and explained that                    






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