- 2 - In a prior opinion issued in this case, we held that petitioner was liable as a transferee for Federal income tax owed for the year ending September 30, 1986, by Napa Investment Corp. (Napa). Merriam v. Commissioner, T.C. Memo. 1995-432, affd. without published opinion 107 F.3d 877 (9th Cir. 1997). Petitioner was president and sole shareholder of Napa. James Merriam, petitioner’s then-husband, ran Napa. He signed petitioner’s name to many Napa documents. Petitioner personally signed many other Napa documents including a consent to action which stated that she, as sole director, approved Napa’s lending substantial sums to her, a promissory note stating that she borrowed substantial sums from Napa, and Napa checks including checks payable to her. James Merriam arranged for his son from a prior marriage, Ted Merriam, to represent petitioner in that proceeding. The case was fully stipulated under Rule 122. Petitioner contends that (1) the stipulation erroneously overstated her role in Napa, which caused the Court to decide erroneously that she was liable as a transferee; (2) she had no knowledge of the existence of the case until after decision was entered; and (3) these circumstances constitute fraud on the Court. The sole issue for decision is whether fraud on the Court occurred in this case. We hold that it did not.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011