- 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.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