Robert and Ines M. Gillespie, et al. - Page 29




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          average, the cases he brings have merit, some do not:                       
                    The Orders to Show cannot be properly answered in                 
               the context of analysis of individual issues raised on                 
               appeal from CDP [sec. 6330] hearings.  This is true                    
               because there are some “L” [sec. 6330] case docket                     
               numbers which standing alone do not have appealable                    
               issue[s].  However, in conjunction with other related                  
               “L” case docket numbers, and sometimes statutory notice                
               of deficiency docket numbers[, they] have sufficient                   
               appealable issues, and “hazards of litigation” which                   
               justify settlement of all docket numbers before the                    
               Court[,] as agreed upon by petitioners, their counsel,                 
               and the IRS Office of Chief Counsel acting on behalf of                
               respondent.                                                            
          All the amended petitions raise substantially the same issues.              
          If Mr. Jones believed that those issues were “appealable issues”,           
          by which term we assume that he means meritorious issues, then              
          there would be no reason for him to make his probabilistic                  
          argument; i.e., while some of my cases have no merit, some do, so           
          that, on average, all of my cases have merit, and each is                   
          entitled to a portion of some wholesale settlement.  That Mr.               
          Jones does indeed take a wholesale approach to representing                 
          clients before this Court is supported by his request that we               
          take notice that, during the three trial sessions of the Tax                
          Court in Las Vegas, Nevada, between December 2004 and February              
          2006, Mr. Jones and his clients settled 67 cases, agreeing to               
          make payments of $2,564,788 with respect to $11,067,835 of                  
          claimed liabilities.3                                                       

               3  That Mr. Jones takes a wholesale approach in representing           
          clients before the Court is also evidenced by the fact that he              
                                                             (continued...)           






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