Jeffrey Chou and Cindy Chou - Page 22




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          never received from exercise of the stock options.  The parties             
          dispute the significance of Mr. Chou’s pledge of the Cisco stock            
          to support a loan and use of the proceeds of the loan for                   
          purposes other than payment of taxes.  On the record in this                
          case, we conclude that the benefit factor neither favors nor                
          precludes relief.                                                           
               With regard to health factors, the briefs authored by                  
          petitioners’ counsel repeatedly assert that Mrs. Chou had                   
          recently given birth and was caring for a newborn infant.  Within           
          the briefs, filed in January and March 2007, the infant is at               
          various places described as born in “late 2000”, newborn, 6                 
          months old, 8 months old, and 9 months old.  While thus so                  
          careless with the facts on which they rely, the briefs accuse               
          respondent of “inaccuracies” and “shoddy analysis”.  These                  
          arguments are unsupported, unpersuasive, and inexcusable.                   
          The briefs frequently assert “the physical and mental                       
          demands on the mother of a newborn infant” as a health issue and            
          as excusing lack of knowledge of the unpaid liability, but                  
          nothing in the record supports that characterization.  Mrs. Chou            
          testified that her child was born on August 1, 2000, and the                
          return was signed in April 2001.  The extent of her testimony               
          with respect to the “demands” of motherhood was as follows:                 
                    Q  [Mrs. Chou’s counsel]  Lot of work taking care                 
               of an infant?                                                          
                    A  [Mrs. Chou]  Yes, definitely.                                  






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