Jerry and Patricia A. Dixon, et al - Page 19




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               they tell us exactly what else they want and what they                 
               will do for us.                                                        
               4.  With executed affidavits we would leave ourselves                  
               open to the following:                                                 
               a.  They could investigate and audit all our past tax                  
               returns.                                                               
               b.  They could refuse immunity.                                        
               c.  They could claim Alexander was an associate/                       
               conspirator with Kersting.                                             
               d.  They could claim Alexander was in violation of IRS                 
               regulations by not turning Kersting in years ago.                      
               e.  They could claim Alexander knew the notes were a                   
               "sham" tax avoidance/evasion scheme early on and under                 
               IRS regulations Alexander was obligated to report this                 
               to IRS early on.                                                       
               4. [sic]  I understand that Gilbert is not expecting a                 
               large fee for his cooperation in this matter, however,                 
               I have told Gilbert that if the IRS payment to me for                  
               this testimony is a large amount that I will contribute                
               something toward whatever amount Gilbert's 8 or 10                     
               clients will be forced to pay as a result of my                        
               testimony.                                                             
               5.  What does Chuck expect for his role in this                        
               matter???                                                              

               On August 20, 1986, Mr. Kozak sent a letter to Mr. McWade,             
          enclosing draft affidavits from both himself and Mr. Alexander.             
          Mr. Kozak's letter states:  "We are willing to negotiate an                 
          arrangement with the IRS, wherein we would execute the affidavits           
          enclosed and provide testimony consistent with the affidavits or            
          in clarification thereof."  The draft affidavits that Mr. Kozak             
          sent to Mr. McWade contained information regarding the various              
          Kersting programs in dispute in the test cases.  Mr. Kozak's                
          draft affidavit alleged that Mr. Kersting refused to pay David              

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