- 8 - 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, thisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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