- 302 - 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 withPage: Previous 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 Next
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