Jerry and Patricia A. Dixon, et al - Page 14




                                       - 103 -                                        

          Although Mr. Cravens intended to accept the modified 7-                     
          percent settlement offer, the Cravenses' settlement was less                
          favorable to them than the modified 7-percent settlement offer.             
          In particular, the Cravenses' correct tax liabilities for 1979              
          and 1980 were $4,508 and $5,893.45, respectively, for a total of            
          $10,401.45.50  Thus, the Cravens settlement in the amount of                
          $9,782.16 represents a reduction of approximately 6 percent of              
          the correct amount of the Cravenses' deficiencies.  In addition,            
          the Cravens settlement was not structured to include the burnout            
          feature.  At the time that Mr. Cravens settled his cases, Messrs.           
          Sims and McWade were offering 20-percent settlements with the               
          burnout feature to Mr. DeCastro's clients and Chicoine and                  
          Hallett's clients.                                                          
          Mr. McWade was aware that Mr. Cravens was a test case when                  
          he spoke to Mr. Cravens about settling his cases.  Mr. McWade               
          told Mr. Cravens that the Cravenses would have to continue as               
          test case petitioners as a condition of the settlement.                     
          Mr. McWade did not tell Mr. Cravens to cooperate with the                   
          Government in the trial of the test cases, or to keep his                   
          settlement a secret.  Mr. McWade did not tell Mr. Cravens that he           
          had to settle so-called open years, nor did Mr. McWade examine              


          50  The $4,508 figure for 1979 is consistent with the                       
          deficiency notice issued to the Cravenses for that year.  The               
          $5,893.45 figure for 1980 represents the Cravenses' correct tax             
          liability after eliminating the dividend adjustment set forth in            
          the notice of deficiency for 1980 and backing out the tax on the            
          capital gain that the Cravenses had reported on their 1980 tax              
          return.                                                                     

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