Jerry and Patricia A. Dixon, et al - Page 141




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          the Tax Court; or (2) the agreed decisions based on the                     
          settlements of their test cases.                                            
               Messrs. Sims and McWade were the only persons in the                   
          Honolulu District Counsel Office with knowledge of the Thompson             
          and Cravens settlements before and during the trial of the test             
          cases.  Other than Mr. Stevens no one else within the Internal              
          Revenue Service was aware of the Thompson and Cravens settlements           
          before or during the trial of the test cases up to the times that           
          the Court issued its Dixon II opinion and entered the initial               
          decisions in the test cases.                                                
               Before the trial of the test cases, Mr. McWade intentionally           
          misled the Court, with the complicity of Mr. DeCastro, by not               
          disclosing the settlement of the Thompson cases when he moved to            
          set aside the Thompson piggyback agreements.  Messrs. Sims,                 
          McWade, and DeCastro intentionally misled the Court regarding the           
          status of the Thompson cases at the trial of the test cases.                
          When Mr. Thompson alluded to his settlement during his testimony            
          at the trial of the test cases,  Mr. McWade interrupted Mr.                 
          Thompson in order to divert him from the subject and thus                   
          intentionally prevented Judge Goffe from learning about the                 
          Thompson settlement.  Messrs. Sims and McWade also intentionally            
          misled the Court regarding the status of the Cravens cases at the           
          trial of the test cases.                                                    
               The decisions entered in the Thompson cases provided for               
          agreed reductions in the Thompsons' tax liabilities for 1979,               
          1980, and 1981 that generated refunds of tax and interest that in           

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