Jerry and Patricia A. Dixon, et al - Page 73




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          discovered by Messrs. Miller, Kane, and Dombrowski in their                 
          investigation of the Thompson settlement.  Respondent alleged               
          that, sometime before the test case trial, Messrs. Sims and                 
          McWade had agreed to settle the Thompson cases by reducing the              
          Thompsons' deficiencies in amounts sufficient to compensate the             
          Thompsons for their projected attorney's fees.  Respondent                  
          alleged that this "New Agreement" was designed--and constituted             
          an agreement by Messrs. Sims and McWade--to pay Mr. DeCastro's              
          legal fees.  Respondent alleged that the "New Agreement" was                
          unauthorized and had no legal basis.  Consequently, respondent              
          asked the Court to enter decisions in the Thompson cases                    
          consistent with the initial McWade-DeCastro agreement of December           
          1986, which had allowed the Thompsons a reduction of                        
          approximately 19 percent of their deficiencies with the burnout             
          feature; i.e., deficiencies of zero, $34,425, and $30,000 for the           
          taxable years 1979, 1980, and 1981, respectively.                           
               On August 26, 1992, the Court granted Mr. DeCastro's motions           
          for entry of decision and entered decisions in the Thompson cases           
          as follows:                                                                 
                    Year      Deficiency     Additions to Tax                         
                    1979          ---               ---                               
                    1980       $15,000       ---                                      
                    1981        15,000              ---                               
               In January 1993, respondent entered assessments against the            
          Thompsons for the taxable years 1979, 1980, and 1981 based upon             
          the decisions entered by the Court in August 1992.  Shortly                 
          thereafter, the Thompsons received a refund check for $32,225,              

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