Jerry and Patricia A. Dixon, et al - Page 99




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          Mr. McWade for any reduction of the tax liabilities on his joint            
          returns for the years 1974, 1975, 1976, and 1977.                           
               4.   Mr. McWade                                                        
               Mr. McWade appeared at the evidentiary hearing and testified           
          that, when settlement discussions first arose in the Thompson               
          and Cravens cases, he believed he had a problem with conflicting            
          Government policies.  In particular, Mr. McWade testified that              
          while he was obliged by Internal Revenue Service policy to treat            
          similarly situated taxpayers alike, the Internal Revenue Service            
          also had a policy against settling test cases.79  Mr. McWade did            
          not confer with anyone in the National Office or the Regional               
          Counsel's office regarding resolution of the conflict that he               
          perceived; Mr. Sims was the only person with whom Mr. McWade                
          discussed the alleged conflicting policies.  Mr. McWade did not             
          feel any obligation to coordinate the Thompson settlement                   
          arrangement with the National Office or Regional Counsel because            
          he had discussed the arrangements with Mr. Sims.                            
               Mr. McWade testified that the Thompson settlement was                  
          revised in the summer of 1989 in order to dispose of the Bauspar            
          issue.  Mr. McWade denied that the Thompson settlement was                  
          revised to provide a means for the Thompsons to pay                         
          Mr. DeCastro's attorney's fees.                                             




          79  Contrary to Mr. McWade's testimony, we found that the                   
          Internal Revenue Service did not maintain a policy prohibiting              
          the settlement of a test case.  See supra p. 76.                            

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