Johann Keil and Catherine Keil - Page 22

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               Such is especially so given our finding that Mr. Keil                  
          testified credibly that he never discussed the subject matter of            
          the audit with Montgomery before December 15, 2003, that he never           
          had a face-to-face meeting with Montgomery, and that he never               
          authorized Montgomery to settle this “complex” case.  Ms. Keil              
          also testified credibly that she repeatedly informed Montgomery             
          that she had to approve any settlement in this case, and                    
          Montgomery had for all practical purposes been retained by her to           
          represent petitioners as to this matter.  Even Montgomery                   
          testified that he always understood that he needed consent from             
          both petitioners to settle their tax matters and that Ms. Keil              
          never expressly agreed to settle the case.8                                 
               While Montgomery testified that he had established a                   
          relationship with both petitioners where the word of one was                
          sufficient to bind both, we do not find that such was so.  In               
          addition to the fact that this testimony is inconsistent with the           
          testimony just noted in the last sentence of the prior paragraph,           
          the record does not persuade us that Ms. Keil ever allowed Mr.              
          Keil to speak on behalf of her or to bind her to any agreement              
          that he made on her behalf.  Indeed, the fact that Montgomery               
          repeatedly called Ms. Keil as to the settlements supports our               
          contrary finding that he knew that he needed the approval of Ms.            

               8 We also note that Tan’s testimony was consistent with the            
          testimony of each petitioner and that Tan during the testimony of           
          both petitioners was sequestered pursuant to Rule 145(a).                   




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