Jerry and Patricia A. Dixon, et al - Page 12




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          On October 31, 1986, Mr. Cravens again wrote to Mr. Seery                   
          with questions about the settlement offer.  In the letter,                  
          Mr. Cravens informed Mr. Seery that he had paid a cash bond                 
          against the deficiency for 1979 and felt "in good shape for that            
          year."  Mr. Cravens then asked whether respondent's determination           
          to include a dividend in his income for 1980 would be eliminated            
          to reduce the deficiency for that year.  If so, Mr. Cravens                 
          indicated that he would pay the amount that would be due, "and              
          not take the gamble on the courts" since the amount due would be            
          "catastrophic" if he lost.  In closing, Mr. Cravens offered to              
          pay Mr. Seery for the extra effort on his case, and reminded him            
          that the deadline for accepting the settlement offer was drawing            
          near.                                                                       
               As previously mentioned, Mr. Seery began to withdraw as                
          counsel for test case petitioners following the Court's                     
          November 14, 1986, order indicating that Mr. Seery might have a             
          conflict of interest.                                                       
          Sometime after receiving Mr. McWade's October 28, 1986,                     
          letter, Mr. Cravens contacted Mr. McWade by telephone with the              
          intent of settling his case.  Mr. Cravens took notes of his                 
          conversation with Mr. McWade, which indicate that they discussed:           
          (1) Eliminating the dividend adjustment for 1980; (2) eliminating           
          all penalties for both 1979 and 1980; (3) backing out the tax               
          already paid with respect to the capital gains that the Cravenses           
          had reported for 1980; and (4) eliminating statutory interest for           
          1979.  Mr. McWade told Mr. Cravens that he would call him back              

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