- 299 - Although the Thompson and Cravens settlement agreements contain the basic elements of an MCA, the tax liabilities of the Thompsons and the Cravenses were not tied to a Sliding Scale Clause. Rather than having a direct financial stake in the outcome of the case adverse to that of the remaining test case petitioners, the Thompsons and Cravenses had their tax liabilities capped, and those liabilities would have been further reduced or eliminated if the test case petitioners had prevailed at trial. Although the Thompsons' and Cravenses' adversarial posture toward respondent had been diluted, they remained adversaries of respondent in some residual sense. Even more important, the Thompson and Cravens settlement agreements did not realign their interests so as to justify the conclusion that they had become adversaries of the remaining test case petitioners. The record shows that Mr. Cravens appeared at the trial of the test cases and testified in support of the test case petitioners' position. Although Mr. Thompson did not have a direct interest in a decision against the remaining test case petitioners, the record indicates that Mr. Thompson may have viewed the trial of the test cases as an opportunity to gain some advantage against Mr. Kersting's threats to enforce Mr. Thompson's promissory notes.124 While it might be argued that the Thompsons expected or received some benefit from the Court's 124 Of course, Judge Goffe was aware that Mr. Thompson was hostile towards Mr. Kersting and was able to assess Mr. Thompson's credibility from that standpoint.Page: Previous 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 Next
Last modified: May 25, 2011