Jerry and Patricia A. Dixon, et al - Page 233




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            and that the misconduct resulted in harmless error, we see no                                  
            basis or justification for entry of decision in favor of the                                   
            Rinaldis.  Nor will we sever the Rinaldis' case from the                                       
            consolidated group and/or set the case for trial at this time.                                 
            To the contrary, because we will reinstate our opinion in Dixon                                
            II and enter decisions in the remaining original test cases, we                                
            will abide the outcome of any appeal that follows the issuance of                              
            this opinion.  If affirmed by the Court of Appeals, we will, upon                              
            respondent's motion, issue an Order to Show Cause in due course                                
            directing the Rinaldis to show cause why the resolution of the                                 
            substantive tax issues in their case should not be controlled by                               
            our opinion in Dixon II.  See Krause v. Commissioner, 99 T.C. 132                              
            (1992); Acierno v. Commissioner, T.C. Memo. 1997-441; Karlsson v.                              
            Commissioner, T.C. Memo. 1997-432; Bokum v. Commissioner, T.C.                                 
            Memo. 1990-21.                                                                                 
            X.    Protective Orders                                                                        
                  As previously discussed, the Court issued protective orders                              
            in these cases dated June 10 and 26, 1996, with respect to                                     
            documents produced by Mr. Thompson.  By order dated August 27,                                 
            1998, the Court directed the parties, particularly Messrs.                                     
            Huestis and Sticht, to file reports with the Court stating in                                  
            detail any objection to the lifting of the Court's protective                                  
            orders.  Mr. Huestis filed a report with the Court objecting to                                
            the lifting of the Court's protective orders on the ground that                                
            Mr. Kersting might use the records in question to harass the                                   
            Thompsons.  Mr. Sticht and respondent filed separate reports with                              

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