Jerry and Patricia A. Dixon, et al - Page 64




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          Mr. DeCastro that Mr. Sims had no authority to enter into such a            
          settlement.64                                                               
               Mr. Sanchez promptly notified David Jordan (Mr. Jordan),               
          Acting Chief Counsel (National Office) of the basic facts                   
          surrounding the Thompson settlement.  Mr. Jordan told Mr. Sanchez           
          that Chief Counsel attorneys in the Tax Litigation Division in              
          the National Office would be brought into the matter for two                
          reasons:  The gravity of the situation and the role of the Tax              
          Litigation Division in the National Office as the prime liaison             
          of the Internal Revenue Service with the Tax Court.  Mr. Jordan             
          and Mr. Sanchez agreed that the Tax Court had to be notified                
          immediately.                                                                
               Mr. Sanchez assigned Mr. Bakutes to investigate the matter             
          on behalf of Regional Counsel.  Mr. Bakutes spent several weeks             
          gathering facts, so that the matter could be reported to the Tax            
          Court.  Mr. Bakutes recognized that he needed to move quickly               
          because the period for appealing the decisions entered in the               
          Thompson cases would expire on June 11, 1992.                               




          64  Mr. Sanchez believed that Mr. Sims was acting outside                   
          the scope of his employment and authority when he deviated from             
          the terms of the official project settlement offer in the                   
          Thompson cases, and when he purportedly used as a basis for                 
          settlement a transaction (Bauspar) that had occurred in a tax               
          year over which he, as District Counsel, had no jurisdiction.  We           
          observe that the Thompsons' participation in the Bauspar program            
          apparently originated in 1981--one of the years that the                    
          Thompsons had pending before the Court--although the record does            
          not detail the deductions, if any, claimed by the Thompsons with            
          respect to the Bauspar program on their 1981 return.                        

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