- 7 - Petitioners did not file a notice of appeal or a timely motion to vacate or revise the decision entered May 8, 1987. Consequently, the decision became final on August 6, 1987, 90 days after the decision was entered. Sec. 7481(a)(1). During the period that petitioners' case was docketed with the Court, 14 dockets and 8 petitioners with Kersting-related adjustments were selected as "test" cases for trial.7 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 at trial by Mr. DeCastro. Following a trial on the merits of the test cases, the Court issued its Memorandum Opinion sustaining virtually all of respondent's determinations in each of the test cases. See Dixon v. Commissioner, T.C. Memo. 1991-614 (Dixon II). As a preliminary matter, the Court rejected the test-case taxpayers' argument, similar to that raised here, that the notices of deficiency issued to them were null and void on the ground that the Commissioner failed to make a determination as required by Scar v. Commissioner, 814 F.2d 1363 (9th Cir. 1987), revg. 81 7 More than 1,800 cases were filed with this Court by participants in the Kersting plans seeking redeterminations of the deficiencies determined by respondent (the Kersting group). The bulk of the more than 1,300 remaining docketed cases in the Kersting group are covered by "piggyback agreements" in which the taxpayer(s) and respondent stipulated to be bound by the Court's opinion in the test cases. Hundreds of non-test cases in the Kersting group have been disposed of, like the case at hand, by entry of a stipulated decision.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011