Dorchester Industries Incorporated, et al. - Page 7

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          Washington, D.C., and expressed doubt as to the persuasiveness of           
          certain of their key arguments.  Frank Wheaton told Gilson and              
          Wodlinger that he would not appear or testify at trial.  Gilson             
          informed Frank Wheaton that he was the principal witness in about           
          90 percent of the issues in the cases and that, without him,                
          Gilson and Wodlinger had no chance.  Gilson informed Frank                  
          Wheaton that, if he did not testify, there would be a default and           
          a judgment for $41 million--“$40 million against you                        
          [personally]”.  Frank Wheaton again said that he would not show             
          up for trial.  He said that he did not have $40 million, he was             
          not spending any more money, and he was getting back to business.           
          Frank Wheaton instructed Gilson and Wodlinger to get a settlement           
          number from the Internal Revenue Service (IRS).  He did not                 
          instruct Gilson and Wodlinger to set any conditions on the                  
          settlement.                                                                 
               On the morning of November 3, 1995, Gilson and Wodlinger met           
          with Garofalo and Chief Special Trial Judge Panuthos.  Gilson               
          advised Garofalo that Frank Wheaton wished to settle the cases.             
          Garofalo told Gilson that (1) he would prepare a settlement offer           
          based on the amount of tax and penalties for which respondent               
          believed petitioners were liable, (2) respondent would only                 
          settle the instant cases if Gilson submitted to respondent                  
          written settlement documents prior to 11:00 a.m., on Monday,                
          November 6, 1995, and (3) he had no authority to settle any                 
          dispute with Frank and Mary Wheaton for 1991, a year not then               




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