Jerry and Patricia A. Dixon, et al - Page 108




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          D.   Denial of Mr. Izen's Motion To Refer Thompson and Cravens              
               Settlements and Alexander Agreement to Department of Justice           
               (Public Integrity Section)                                             
               On June 26, 1996, Mr. Izen filed a Motion to Refer the                 
          Thompson and Cravens Settlements and the Alexander Agreement to             
          the Department of Justice (Public Integrity Section) for                    
          prosecution.  Mr. Izen identified approximately 17 alleged crimes           
          associated with the Thompson and Cravens settlements and the                
          Alexander understanding and asked the Court to refer those                  
          matters to the Department of Justice for prosecution.  By order             
          dated June 26, 1996, the Court denied Mr. Izen's motion.                    
          III. Developments Following Initial Evidentiary Hearing                     
          A.   Denial of Respondent's Motion for Further Hearing Regarding            
               Potential Witness Intimidation                                         
               On October 28, 1996, after completion of the bulk of the               
          evidentiary hearing, respondent filed a motion to take additional           
          evidence concerning Mr. Sticht's unresolved allegations at the              
          evidentiary hearing of potential witness intimidation.  During              
          this same period, the parties filed with the Court third, fourth,           
          and fifth supplemental stipulations of facts that did not comply            
          with the Court's Rules concerning stipulations and amounted to              
          little more than a proffer of documents subject to an extensive             
          list of objections.                                                         



          83(...continued)                                                            
          Thompson v. Commissioner, 92 T.C. 486 (1989).  None of these                
          questions have been resolved; they became moot with respect to              
          Mr. Kersting and Mr. Bradt by reason of Mr. Kersting's failure to           
          testify at the evidentiary hearing.                                         

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