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him to do something for me on the 1978 situation, and
there wasn't anything happening.
The procedure went through a tax firm in Los
Angeles known as Loeb & Loeb, and I wound up with the
DeCastro Law Corporation by way of their direction, and
made several discoveries that were startling to me.
And of course, I settled. To be quite honest, I had to
get out of this. I was not going to spend my life--
Mr. McWade: Well, let me--
Mr. Thompson: --doing all this.
Mr. McWade: Let me stop you here for a moment.
Mr. Thompson: Okay. I'm sorry. I beg your
pardon.
Mr. McWade: Mr. Thompson, can you tell me: have
we been successful in getting the lien removed from
your house?
The subject of the Thompson settlement did not arise again during
Mr. Thompson's testimony at the trial of the test cases.55
Mr. McWade followed the colloquy quoted above by asking
Mr. Thompson whether he had ever tendered stock certificates to
Mr. Kersting. Mr. Thompson responded that, contrary to
Mr. Kersting's promises, he tried twice (through Mr. DeCastro and
Mr. Chanin) to tender his stock certificates to Mr. Kersting in
exchange for the cancellation of his promissory notes but had
been refused.
55 In Dixon II, Judge Goffe interpreted Mr. Thompson's
remarks concerning settlement as pertaining to the resolution
of Mr. Thompson's tax liability for 1978--a year for which the
Thompsons had not been issued a notice of deficiency. See Dixon
II, 62 T.C.M. (CCH) at 1472-1473, 1991 T.C.M. (RIA), at 91-3014
to 91-3015. In retrospect, and in the light of what has come
out, it is more likely that Mr. Thompson in his above-quoted
testimony was referring to the settlement on his behalf that
Mr. DeCastro had negotiated with Mr. McWade.
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