Getting old tax court case vacated

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What is the name of your state? TX (Federal Tax Court "S"mall case)

I had a case before the tax court in 1997 that was closed with a decision in 1998 because of some fraudulent papers put before the court. One piece of paper with my signature on it was stapled to a different piece with a stipulated amount of 6K dollars. The two papers contained different case numbers at the top - clearly showing they were from different cases - but the case was settled that way and they didnt' send me the decision - so I believed it to be settled the way I signed it.

So now, I have a new case before the court in the matter - but I filed a Motion for Leave to File Motion to Vacate about the prior case. I used the new case at the top of the pleading, and in the pleading, I mention the old case to be vacated. The new case is about the original matter.

The judge rejected it as "Improper Joinder" -

So, what case number do I put at the top of the Motion for Leave, and what case number do I put at the top of the pleading for Motion to Vacate (I assume now that I put the old case number at the top instead of the new one like I did last time).

But, if so, then what attroney do I send the pleading to and how does the Certificate of Service read? Do I send it to their current attorney handling the new case? If not, the old attorney (from 10 years ago?)

Thanks.

 

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In a related matter to the case above - the judge has ordered the IRS's attorney to file certain documents with the court by xx date. That date is tommorrow - and just a few minutes ago, the opposing attorney called me and asked me if I would object to his asking the court for more time to gather the documents - even though he has had months.

Do I give him my blessing - and not oppose the request? In the interest of cooperation? Because some day, this might come down to a negotiation - or maybe not. I dion't know. Maybe they are playing hard ball.

 

[marbol]

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