Benness M. Richards and Jane Richards - Page 7

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          Mr. McWade served as respondent's lead counsel during the                   
          trial of the test cases.  One of the taxpayers selected as a test           
          case, John Thompson, was represented by Mr. DeCastro at trial.              
          The Kersting test cases went to trial in January 1989 in                    
          Hawaii.  Following the trial, the Court issued its Memorandum               
          Opinion in Dixon v. Commissioner, T.C. Memo. 1991-614 (Dixon II),           
          sustaining virtually all of respondent's determinations in each             
          of the test cases.                                                          
          The Court's decision in Dixon II subsequently was vacated                   
          and remanded on appeal to the Court of Appeals for the Ninth                
          Circuit in Dufresne v. Commissioner, 26 F.3d 105 (9th Cir. 1994).           
          Specifically, in response to respondent's posttrial admission               
          that, prior to the trial of the test cases, Mr. McWade had                  
          entered into secret settlement agreements with two of the test              
          case taxpayers, John Thompson and John Cravens, the Court of                
          Appeals remanded the test cases to this Court with instructions             
          to conduct an evidentiary hearing “to determine the full extent             
          of the admitted wrong done by the government trial lawyers.”  Id.           
          at 107.  The Court of Appeals, citing Arizona v. Fulminante, 499            
          U.S. 279, 309 (1991), directed the Court to consider “whether the           

          8(...continued)                                                             
          standing to contest the search and seizure in question.                     
               We further note that Mr. Kersting's claims that the                    
          search and seizure were illegal have been repeatedly rejected by            
          the U.S. District Court for the District of Hawaii.  See Kersting           
          v. United States, 865 F. Supp. 669, 674-675 (D. Haw. 1994).                 




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