- 18 - On March 16, 2004, the Court ordered Montgomery to file with the Court a statement as to his understanding of his authority to settle this case. Montgomery responded that he had been authorized by Mr. Keil to settle this case in accordance with the amounts shown in the stipulated decision, that petitioners had been clients of his for approximately 4 years, and that petitioners had previously allowed one of them to speak on behalf of (and bind) both of them. Montgomery also stated that on December 15, 2003, he had explained the second stipulation of settled issues to Mr. Keil and recommended its acceptance, Mr. Keil had authorized Montgomery on behalf of petitioners to accept the settlements reflected in that stipulation, and Mr. Keil had informed him that Mr. Keil would obtain Ms. Keil’s acceptance of the settlements. OPINION Petitioners argue that the Court should vacate the stipulated decision and set aside the related stipulations of settlement because Montgomery was not authorized to agree to the settlements on their behalf. Petitioners bear the burden of proving that Montgomery lacked the requisite settlement authority. See Dahl v. Commissioner, T.C. Memo. 1995-179, affd. 85 F.3d 643 (11th Cir. 1996). We presume that a duly licensed attorney appearing in this Court is authorized to act on behalf of a litigant whom the attorney purports to represent. Id.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011