Adams v. Commissioner
United States Tax Court
Former counsel for petitioners agreed on their behalf that they would be bound by the result in other cases involving an issue in this case. Thereafter petitioners moved to be relieved of the agreement on the grounds that counsel was not authorized to enter into it and that he had a conflict of interest. Held: Petitioners' motion is denied. No cognizable prejudice was shown.
1Opinion of the Court
Cohen, Judge:
Petitioners have asked the Court to relieve them of a settlement agreement in which they agreed to be bound by the result in the cases of Anderson [and Clawson] v. Commissioner, 83 T.C. 898 (1984), on appeal (9th Cir., Mar. 5, 1985) (Anderson). Petitioners claim that the attorney who entered into the agreement on their behalf was not authorized to do so and had a conflict of interest by reason of his prior representation of the promoter of the tax shelter in which they invested.
FINDINGS OF FACT
Some of the facts have been stipulated, and the stipulation is incorporated herein by…
2Cases cited18 opinions
- Brooks v. CommissionerUnited States Tax Court · 1984
- Senate Realty Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1975
- Stone v. Bank of CommerceSupreme Court of the United States · 1899
- Alexander v. Superior CourtArizona Supreme Court · 1984
- Louis G. Sherman, Jr., and Randolph W. Commins, Executors of the Estate of Louis G. Sherman, Sr., Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1972
13 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Stamm International Corp. v. CommissionerUnited States Tax Court · 1988
- Dorchester Indus. v. Comm'rUnited States Tax Court · 1997
- Crnkovich v. United StatesCourt of Appeals for the Federal Circuit · 2000
- Bankamerica Corp. v. CommissionerUnited States Tax Court · 1997
- Charles E. Shepherd v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1998
38 more not listed; retrieve them via the Exa API.