Dorchester Industries Incorporated, et al. - Page 8

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          before the Court.  Subsequently, Frank Wheaton, Gilson,                     
          Wodlinger, and Garofalo left Washington, D.C.                               
               Later on November 3, 1995, Garofalo transmitted a letter via           
          facsimile to Gilson (the November 3 letter).  The November 3                
          letter contains attachments setting forth respondent’s proposed             
          settlement figures with respect to the 1993 docketed cases.  In             
          addition, the attachments contain figures to settle the case at             
          docket No. 23092-94, which involves the tax liability of Frank              
          and Mary Wheaton for 1990 (the 1993 docketed cases and the case             
          at docket No. 23092-94 hereafter referred to together as the                
          docketed cases).  The November 3 letter required a response by              
          11:00 a.m., on Monday, November 6, 1995.  The settlement figures            
          proposed by respondent in attachments to the November 3 letter              
          are substantially the same as the figures contained in                      
          respondent’s motions for entry of decision, except that the                 
          attachments contain calculations of interest that are not part of           
          respondent’s motions for entry of decision.  Including interest,            
          the attachments show amounts due in excess of $40 million.                  
               Richard F. Riley (Riley) and K. Martin Worthy (Worthy) are             
          experienced tax attorneys associated with the law firm of Hopkins           
          & Sutter as partner and senior counsel, respectively.  They had             
          been retained by Frank Wheaton to consult with his trial counsel,           
          Gilson and Wodlinger, regarding the docketed cases.  At Frank               
          Wheaton’s request, Gilson and Wodlinger conferred by telephone              
          with Riley and Worthy during the weekend of November 4 and 5,               




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