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Mr. McWade's memorandum apparently did not raise any
concerns in the Special Procedures office.62 On July 11, 1989,
the Government issued a refund check to the Thompsons in the
amount of $30,000. The Thompsons endorsed the check to DeCastro
Law Corp. without depositing it in their own checking account.
On August 3, 1989, Mr. DeCastro wrote a letter to Mr. McWade
confirming the revision of the Thompson settlement that had been
agreed to before the trial of the test cases. Mr. DeCastro's
letter states in pertinent part as follows:
Re: Jack and Maydee Thompson
Dear Ken:
Please confirm following is our agreement with
respect to settlement of above taxpayer's cases for
open years:
We have agreed that the total taxes due for all
the open years are $15,000 for 1980 and $15,000 for
1981.
Further, in the event a final decision in this
case is more favorable they are to receive the benefit
of such decision.
Please sign below so I can have for my files.
Mr. McWade signed the letter and returned it to Mr. DeCastro.
On August 24, 1989, Mr. DeCastro wrote to Mr. McWade
requesting that Mr. McWade arrange for the Thompsons to receive
the balance of their refund. Mr. DeCastro's letter states in
pertinent part:
62 Mr. Stevens was not called to testify at the evidentiary
hearing.
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