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to offset or reduce the Thompsons' tax liability. Mr. Sims was
unable to confirm that he reviewed Mr. Thompson's Bauspar records
as a basis for revising the Thompson settlement agreement.
Mr. Sims testified that he and Mr. McWade had reached an
agreement in principle with Mr. DeCastro before the trial of the
test cases to further reduce the Thompsons' tax liabilities.
Mr. Sims testified that he did not know the basis upon which
the Alexander cases were settled and that he never discussed the
settlements with either Mr. McWade or Mr. Alexander.
Mr. Sims denied that Mr. DeCastro passed information to the
Government regarding Mr. Izen's trial strategy or that
Mr. DeCastro otherwise acted as a "mole" or "plant" for
respondent with respect to the Kersting test cases.
6. Mr. DeCastro
Mr. DeCastro testified that the settlement agreement that he
negotiated with Mr. McWade assured the Thompsons of the better of
the pretrial settlement or the outcome in the trial of the test
cases and that the agreement was not contingent on Mr. Sims' best
efforts.
Mr. DeCastro testified that the final revision to the
Thompson settlement was agreed to before the trial of the test
cases, that the revision was made to account for the attorney's
fees that Mr. Thompson would incur in the trial of the test
cases, and that Mr. Thompson's participation in the Bauspar
program was not the basis for the revision.
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