Benness M. Richards and Jane Richards - Page 8

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          T.C. 855 (1983).  The Court distinguished the notices of                    
          deficiency issued to the test-case taxpayers from the notice of             
          deficiency at issue in Scar on the ground that adjustments in the           
          notices of deficiency could be connected with items reported in             
          the test-case taxpayers' tax returns.                                       
               The Court's decision in Dixon II was vacated and remanded on           
          appeal to the U.S. Court of Appeals for the Ninth Circuit in                
          Dufresne v. Commissioner, 26 F.3d 105 (9th Cir. 1994).                      
          Specifically, in response to respondent's post-trial admission              
          that Mr. McWade had entered into secret settlement agreements               
          with two of the test case taxpayers, John Thompson and John                 
          Cravens, prior to the trial of the test cases, 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           
          extent of the misconduct rises to the level of a structural                 
          defect voiding the judgment as fundamentally unfair, or whether,            
          despite the Government's misconduct, the judgment can be upheld             
          as harmless error."  Id.  In carrying out this mandate, this                










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