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dreams the Kersting fraud has shattered are everywhere
I look. I only know a few by comparison.
Best regards, Jack
The payment of Mr. DeCastro's legal fees is also discussed in a
letter dated November 17, 1989, from Mr. DeCastro to Mr. Huestis
which states in pertinent part:
Thank you for your letter regarding the matter of
the Thompsons' fees. As I have told Jack, we are
looking for payment of his fees to the IRS, not him. I
am enclosing a copy of my letter to him in this regard
for your information.
I am not sure how there got to be any confusion on
this score, but hope this lays that to rest. We have
been told by the IRS that they will not release any
additional funds until after the judgment and in the
meantime we give Jack and Maydee our statements to keep
them informed of the balances.
Just to make it all very clear, we are looking
only to the payments from the IRS for our fees and do
not expect Jack and Maydee to come up with money on
that score.
Mr. DeCastro sent a similar letter to the Thompsons on the same
date.
B. Mr. Izen's Motion To Reopen Record
On January 23, 1991, Mr. Izen filed a motion to reopen the
record in the trial of the test cases to receive newly discovered
evidence. In particular, Mr. Izen sought to introduce evidence
that certain Kersting program participants had reported a capital
gain upon the termination of their participation in a particular
Kersting program and later filed a claim for refund based upon
the Commissioner's determination that the transaction was a sham.
Mr. Izen argued that the Commissioner's denial of the taxpayers'
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