Jerry and Patricia A. Dixon, et al - Page 115




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          misconduct in the presentation and trial of the test cases in               
          Dixon v. Commissioner, docket No. 9382-83, et al., amounted to              
          fraudulent or criminal conduct, the Court did conclude that the             
          disputed documents did not contain material subject to the crime-           
          fraud exception, i.e., legal advice obtained in the furtherance             
          or in aid of a future fraudulent scheme or criminal activity.               
          Moreover, the Court rejected Mr. Izen's contention that                     
          respondent's activities since May 1992 amounted to an effort to             
          "cover up" what Mr. Izen alleged to be fraudulent or criminal               
          conduct.  On the basis of a review of respondent's privilege log            
          and supplemental privilege log, the Court held that the documents           
          described therein qualified for protection from disclosure                  
          pursuant to the corresponding privilege(s) relied upon by                   
          respondent.                                                                 
          D.   Denial of Mr. Sticht's Motion To Reopen Record                         
               On October 10, 1997, Mr. Sticht filed a Motion to Reopen               
          the Record seeking to submit to the Court a written offer of                
          proof comprising a written declaration by Mr. Rogers, a nontest             
          case petitioner, along with numerous documents that purport to              
          describe some connection or link between the series of                      
          transactions underlying Mr. Rogers' participation in the First              
          Savings acquisition and his related participation in the                    
          Investors Financial stock purchase plan.  Mr. Sticht's motion               
          included allegations that Messrs. Thompson, Alexander, DeCastro,            
          Kozak, and McWade compromised the trial of the test cases "by               



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