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Senior Judge Frank M. Coffin also sat on the same panel of the U.S. Court of Appeals For the First Circuit with Judges Torruella and Lynch, which heard the case of Mourad v. Commissioner of Internal Revenue, Docket No. 03-2367. Judge Coffin, as the residing Senior Judge on the Panel, had a responsibility, and failed to make sure that Judge Lynch examined the record after she had stated at the September 16, 2004 Oral Argument that she in fact would examine the record to determine whether Trustee Gray was the one who applied for the tax credit in 1997. Judge Coffin also failed to examine the record which had clear misrepresentations made by the IRS attorney, and continued to overlook those misrepresentations brought to the panel's attention by Mourad's July 13, 2005 Motion entitled:

INDIGENT, HOMELESS AND LEVIED BY THE IRS FOR $539,754 IN TAXES OWED FOR $2,088,554 IN CAPITAL GAINS MOURAD NEVER RECEIVED FOR THE YEAR 1997, AND $536,000 MOURAD NEVER RECEIVED FOR THE YEAR 1999, ALPHONSE MOURAD'S PETITION/MOTION TO REOPEN AND RECONSIDER THE PANEL'S OCTOBER 20, 2004 DECISION BASED UPON MISREPRESENTATIONS AND FRAUDULENT STATEMENTS MADE BY THE I.R.S. ATTORNEY AT THE SEPTEMBER 16, 2004 ARGUMENT, THE COURT'S OWN FAILURE TO 'LOOK AT THE RECORD, AND THE COURT'S MISSTATEMENT OF THE FACTS AND MISAPPLICATION OF THE LAW ON WHO OWNED THE PROPERTY FOR PURPOSES OF OBTAINING THE LOW INCOME TAX CREDIT



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