Jerry and Patricia A. Dixon, et al - Page 3




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                    Ps argue (under various theories) that the Court's                
               decisions in the remaining test cases should not be                    
               reinstated, or, in the alternative, that the piggyback                 
               agreements are not enforceable.  R counters that the                   
               decisions in the remaining test cases should be                        
               reinstated on the ground that Ps were not prejudiced by                
               the Government misconduct in the trial of the test                     
               cases and that the piggyback agreements remain in                      
               force.                                                                 
                    Held:  The Government misconduct in the trial of                  
               the test cases did not result in a structural defect in                
               the trial.  Held further:  The Government misconduct in                
               the trial of the test cases resulted in harmless error.                
               Held further:  The Government misconduct in the trial                  
               of the test cases does not provide any other basis for                 
               invalidating the Court's decisions in the remaining                    
               test cases or for setting aside the piggyback                          
               agreements.  Held further:  As a sanction against R,                   
               program participants who have not been the subject of a                
               final determination are not liable for time-sensitive                  
               additions to tax for negligence under secs. 6653(a)(2)                 
               and 6653(a)(1)(B), I.R.C., or increased interest under                 
               sec. 6621(c), I.R.C.                                                   


               Joe Alfred Izen, Jr., counsel for petitioners in docket Nos.           
          9382-83, 4201-84, 15907-84, 40159-84, 22783-85, 30010-85, 30979-            
          85, 29643-86, and 35608-86.                                                 
               Robert Alan Jones, counsel for petitioners in docket Nos.              
          17646-83, 19464-92, 621-94, and 9532-94.                                    
               Robert Patrick Sticht, counsel for petitioners in docket               
          Nos. 7323-84, 20119-84, 7205-94, 17992-95, and 17993-95.                    
               Mary Elizabeth Wynne, Steven A. Wilson, Andrew J. Gottlieb,            
          Milton J. Carter, Jr., Robert E. Casey, and Richard S. Goldstein,           
          for respondent.                                                             






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