Jerry and Patricia A. Dixon, et al - Page 236




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            Moreover, the Court has disclosed the contents of a number of the                              
            disputed documents in this opinion.  Considering all the facts                                 
            and circumstances, we will lift the protective orders dated                                    
            June 10 and 26, 1996.                                                                          
            XI. Sanctions                                                                                  
                  The Court has inherent power "to protect our own process                                 
            from abuse, oppression, and injustice."  Griffith v.                                           
            Commissioner, T.C. Memo. 1988-123 (citing Gumbel v. Pitkin, 124                                
            U.S. 131, 145-146 (1888), and Eash v. Riggins Trucking Inc., 757                               
            F.2d 557 (3d Cir. 1985) (en banc)).                                                            
                  Messrs. Sims' and McWade's misconduct in the trial of the                                
            test cases has caused a substantial delay in the resolution of                                 
            Kersting project cases.  Considering the unique circumstances of                               
            these cases, and the harm resulting from the Government                                        
            misconduct in the trial of the test cases, we consider this is an                              
            appropriate occasion for the Court to impose limited sanctions                                 
            against respondent under Rule 123(a).  See Vermouth v.                                         
            Commissioner, 88 T.C. 1488 (1987) (discussing and relying on                                   
            United States v. Sumitomo Marine & Fire Ins. Co., 617 F.2d 1365                                
            (9th Cir. 1980)); see also Betz v. Commissioner, 90 T.C. 816, 823                              
            (1988).                                                                                        
                  Respondent determined that Kersting program participants are                             
            liable for additions to tax for negligence under section 6653.                                 
            For the taxable years 1981 through 1985, section 6653(a)(2)                                    
            provides that the addition to tax for negligence includes a                                    
            component equal to 50 percent of the interest due on the                                       

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