Jerry and Patricia A. Dixon, et al - Page 232




                                                 - 301 -                                                   

            Sticht contends that the Court's opinion in Dixon II is not                                    
            binding on the Rinaldis.125  Mr. Sticht relies upon the misconduct                             
            in the trial of the test cases to contend that the Court should                                
            either enter a decision in the Rinaldis' favor or sever the                                    
            Rinaldis' case from the consolidated cases and set the case for                                
            trial.  Mr. Sticht contends that the Court's opinion in Dixon II                               
            has no effect in the Rinaldis' dockets in which they did not                                   
            execute piggyback agreements.                                                                  
                  Respondent contends that Mr. Sticht's motion should be                                   
            denied on the grounds that:  (1) The record does not support                                   
            entry of decision in the Rinaldis' favor; and (2) the Rinaldis'                                
            motion amounts to a premature attempt to avoid a "show cause"                                  
            proceeding.  Respondent further contends that, if the Court's                                  
            opinion in Dixon II should be reinstated, it provides an                                       
            appropriate basis for resolving any deductions claimed by the                                  
            Rinaldis with respect to Kersting programs in dispute in Dixon                                 
            II.126                                                                                         
                  Consistent with our holdings that the Government misconduct                              
            did not cause a structural defect in the trial of the test cases                               

            125  The Rinaldis have seven cases docketed with the Court                                     
            assigned docket Nos. 31065-83, 21615-87, 6981-89, 11439-90,                                    
            27556-90, 14907-93, and 7205-94.  The Rinaldis executed piggyback                              
            agreements in each of the dockets listed above except docket Nos.                              
            14907-93 and 7205-94.                                                                          
            126  Respondent states that the Rinaldis may have                                              
            participated in Mr. Kersting's Bauspar program during some of the                              
            years for which they have filed petitions with the Court.                                      
            Respondent acknowledges that, because the Bauspar program was not                              
            litigated in Dixon II, the Court's opinion would not dispose of                                
            Bauspar deductions claimed by the Rinaldis or others.                                          

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