- 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 by Mr. DeCastro at trial. The Kersting test cases went to trial in January 1989 in Hawaii. Following the trial, the Court issued its Memorandum Opinion in Dixon v. Commissioner, T.C. Memo. 1991-614 (Dixon II), sustaining virtually all of respondent's determinations in each of the test cases. The Court's decision in Dixon II subsequently was vacated and remanded on appeal to the Court of Appeals for the Ninth Circuit in Dufresne v. Commissioner, 26 F.3d 105 (9th Cir. 1994). Specifically, in response to respondent's posttrial admission that, prior to the trial of the test cases, Mr. McWade had entered into secret settlement agreements with two of the test case taxpayers, John Thompson and John Cravens, 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 8(...continued) standing to contest the search and seizure in question. We further note that Mr. Kersting's claims that the search and seizure were illegal have been repeatedly rejected by the U.S. District Court for the District of Hawaii. See Kersting v. United States, 865 F. Supp. 669, 674-675 (D. Haw. 1994).Page: 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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