Benness M. Richards and Jane Richards - Page 9

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          Court also was directed to consider on the merits all motions of            
          intervention filed by parties affected by Dixon II.  Id.8                   
               Upon remand, the Court gave effect to the direction of the             
          Court of Appeals regarding intervention by allowing a number of             
          non-test-case taxpayers who had previously signed stipulations to           
          be bound by the decision in Dixon II to participate in the                  
          evidentiary hearing.  Robert Alan Jones, Esq. (Mr. Jones),                  
          entered his appearance on behalf of a group of non-test-case                
          taxpayers allowed to participate in this fashion.                           
          During the evidentiary hearing, which was held at a special                 
          trial session of the Court in Los Angeles in May-June 1996,9 Mr.            
          Jones expressed concern that, in addition to the settlement with            
          John Thompson, Mr. McWade may have entered into settlements with            
          other clients of Mr. DeCastro on terms more favorable than the              
          standard Kersting project settlement offer.  In this regard, Mr.            
          Jones requested respondent's counsel, Mary Elizabeth Wynne, Esq.            
          (Ms. Wynne), to disclose the details of settlements entered into            
          with Mr. DeCastro's clients, including petitioners.  In a letter            

          8  The appellate panel in Dufresne v. Commissioner, 26 F.3d                 
          105 (9th Cir. 1994), vacating and remanding T.C. Memo. 1991-614,            
          issued an order stating that the panel would retain jurisdiction            
          over any subsequent appeal.                                                 
          9  Although the evidentiary hearing has been held, the                      
          filing of various post-hearing motions, and as yet unresolved               
          disagreements among the participants over post-hearing                      
          stipulations of fact, have delayed the setting of a schedule for            
          the filing of briefs on the various issues raised by the mandate            
          of the Court of Appeals in Dixon II.                                        




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