Benness M. Richards and Jane Richards - Page 19

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               without revealing that Respondent had fraudulently                     
               obtained “jurisdiction” over them.                                     
                    3.  The same counsel for Respondent, who obtained                 
               the fraudulent settlement from Petitioners, Kenneth                    
               McWade also, with others, committed a further series of                
               frauds on the Court in the related consolidated                        
               Kersting test cases of Petitioners Thompsons and                       
               Cravens, and the settlement of the cases of non-test                   
               case petitioner Denis Alexander.                                       
                    4.  The fraud on the Court regarding the specifics                
               pertaining to Petitioners Richards was undiscovered                    
               until the facts were partially admitted in a letter                    
               from IRS Special Trial Attorney to Petitioner's counsel                
               on September 3, 1996.                                                  
                                                                                     
               1 Petitioners do not agree with Judge Goffe's                          
               decision regarding Kersting investors' standing under                  
               the Fourth Amendment to contest the illegal search and                 
               seizure (Dixon v. Commissioner, 90 T.C. 237 (1988));                   
               however, these Motions do not per se include any claim                 
               of Petitioners' Fourth Amendment rights being violated.                

               Mr. Jones' affidavit in support of petitioners' Motion for             
          Reconsideration includes a statement that Mr. Jones is attempting           
          to obtain an affidavit submitted by an IRS employee to the Court            
          “in a related proceeding” purportedly stating that the materials            
          seized from Mr. Kersting were not used in the preparation of                
          notices of deficiency issued to Kersting investors--a statement             
          that would be inconsistent with statements made in Ms. Wynne's              
          letter dated September 3, 1996.                                             
               We have considered petitioners' various contentions, and we            
          are not persuaded that they have satisfied their heavy burden of            
          particularized pleading and proof that the stipulated decision              





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