- 6 - On May 8, 1987, the Court entered the parties' stipulated decision as described above in docket No. 8922-87. 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). 2. The Test Cases During the period that petitioners' case was docketed with the Court, 14 dockets and eight petitioners with Kersting-related adjustments were selected as test cases for trial. On January 12, 1987, during the same period that Mr. DeCastro was negotiating petitioners' settlement, the test case taxpayers filed a motion for leave to file an amendment to their petitions to raise various evidentiary issues based upon their contention that the search of Mr. Kersting's offices was illegal. On January 14, 1987, the Court granted the test case taxpayers' motion for leave to file. The evidentiary issues raised in the amendment to petition were resolved in the Court's opinion in Dixon I.8 8 In Dixon v. Commissioner, 90 T.C. 237 (1988), the test case taxpayers argued that the search of Mr. Kersting's office was illegal, that the materials seized during the search should be suppressed in the test case proceedings, and that the burden of proof and burden of going forward with the evidence should be shifted to respondent. The Court rejected these contentions on the ground that the test case taxpayers failed to establish (continued...)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