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In July 2005, before the decision document was executed, Mr.
Giamelli was killed in an automobile accident. Subsequently,
respondent received a telephone call from Erasmo Bruno, informing
respondent of Mr. Giamelli’s death and that Mrs. Giamelli had
been named the executrix of his estate. Mr. Bruno further
informed respondent that he was now counsel for Mrs. Giamelli and
the estate and indicated to respondent that Mrs. Giamelli was
withdrawing from the installment agreement.
At a hearing before this Court on respondent’s motions, Mr.
Bruno filed a motion to substitute the Estate of Joseph Giamelli,
Deceased, Joann Giamelli, Executrix, as the petitioner in this
case. Mr. Bruno represented to the Court that Mrs. Giamelli had
received letters to administer her husband’s estate. Mr. Bruno
further informed the Court that Mrs. Giamelli, in her personal
capacity, had no knowledge of the outstanding tax liability and
had not authorized or signed the petition filed with this Court
by Mr. Giamelli. Accordingly, the Court dismissed the portion of
this case relating to Mrs. Giamelli in her personal capacity for
lack of jurisdiction.
Mrs. Giamelli, as executrix of the estate, now wishes to
disclose certain wrongdoings of her husband that she believes
would alter the underlying tax liability for 2001. The estate
has suggested to the Court that Mr. Giamelli was involved in a
fraudulent scheme whereby certain bribes were paid by Mr.
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Last modified: November 10, 2007