Jerry and Patricia A. Dixon, et al - Page 240




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          C.   Brian J. Seery                                                         
               In early 1982, Brian J. Seery (Mr. Seery) began assisting              
          Kersting program participants with issues arising from the audit            
          of their income tax returns.  On April 14, 1982, Mr. Kersting               
          issued a letter to Kersting program participants informing them             
          that they soon would receive a letter from the Commissioner                 
          proposing to disallow their Kersting program interest deductions.           
          Mr. Kersting advised program participants that they should not              
          remit any amount to the Internal Revenue Service until their                
          liability was determined in court.  On February 15, 1983, Mr.               
          Kersting issued a letter to Kersting program participants stating           
          in pertinent part:  "I trust that you have placed the tax                   
          retrievals which we have accomplished for you over the years into           
          profitable investments and that you are receiving a reasonable              
          rate of return.  You will not lose any ground if your funds earn            
          at least a return equal to the interest charges imposed by the              
          IRS from time to time."                                                     
               On March 1, 1985, Mr. Kersting issued a letter to Kersting             
          program participants stating that he had retained Mr. Seery to              
          represent them in the Tax Court at no charge to the individual              
          petitioners.19  The letter requested that each Kersting program             
          participant provide written authorization for Mr. Seery's                   


          19  Initially, Mr. Kersting or the entities that he                         
          controlled paid the legal fees associated with the Tax Court                
          litigation.  Later, however, some Kersting program participants             
          began paying $100 per month to a legal defense fund managed by              
          Mr. Kersting.                                                               

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