Jerry and Patricia A. Dixon, et al - Page 101




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          otherwise acted as a "mole" or "plant" for respondent with                  
          respect to the Kersting test cases.                                         
               5.   Mr. Sims                                                          
               Mr. Sims testified that he approved the Thompson and Cravens           
          settlements with the understanding that he would do his best to             
          process the proposed decisions but that he did not guarantee the            
          outcome.  Mr. Sims testified that Mr. McWade's letters to                   
          Mr. DeCastro stating that the decisions would be filed with the             
          Court later indicate that Mr. McWade misunderstood Mr. Sims'                
          intentions.  Mr. Sims further testified that decisions could not            
          be entered in the Thompson and Cravens cases before the trial               
          of the test cases out of concern that taxpayers who had signed              
          piggyback agreements would argue that they were entitled to                 
          similar settlements.  Mr. Sims characterized as an oversight his            
          approval of Mr. McWade's decision to forward decision documents             
          to the Cravenses for their signature 1 month before trial of the            
          test cases.                                                                 
               With regard to the Thompson settlement, Mr. Sims testified             
          that he felt it was important to keep Mr. DeCastro in the case              
          because, unlike Mr. Izen, Mr. DeCastro was not being paid by                
          Mr. Kersting.  However, Mr. Sims testified that he was aware, as            
          early as December 1986, that Mr. DeCastro did not believe that              
          Kersting interest deductions could be defended in court.                    
          Mr. Sims further testified that he felt sympathy for Mr. Thompson           
          because of Mr. Kersting's threats and that he suggested that                
          Mr. Thompson's participation in the Bauspar program could be used           

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