Jerry and Patricia A. Dixon, et al - Page 260




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          cases.30  However, Mr. Kersting, with his son-in-law, an                    
          attorney, Roger Moseley (Mr. Moseley), contacted Robert J.                  
          Chicoine (Mr. Chicoine) and Darrell D. Hallett (Mr. Hallett)                
          (collectively Chicoine and Hallett), to determine whether they              
          would represent the test case petitioners at the Maui session.              
               On November 22, 1986, Mr. Kersting sent Mr. Hallett a                  
          letter describing the Kersting programs.  Shortly thereafter,               
          Mr. Kersting interviewed Mr. Hallett in Hawaii.  On December 9,             
          1986, Chicoine and Hallett reached an agreement with Mr. Kersting           
          to represent the test case petitioners (other than the                      
          Thompsons).  On December 12, 1986, Mr. Kersting wrote to Kersting           
          program participants informing them that Mr. Seery had withdrawn            
          as counsel and that Chicoine and Hallett had been retained.  At             
          the same time, either Mr. Kersting or Chicoine and Hallett                  
          informed the test case petitioners that they would have to                  
          provide Chicoine and Hallett with written authorization to enter            
          appearances in their cases.                                                 
               Although Mr. Seery sent Chicoine and Hallett his files for             
          the test cases, most of the documents that Mr. Seery had intended           
          to use at trial remained in Mr. Kersting's possession.  By                  
          letter dated December 19, 1986, Chicoine and Hallett reminded               
          Mr. Kersting that they needed all documents in the possession of            
          Mr. Kersting and Mr. Seery that pertained to the Kersting                   
          programs in dispute in the Tax Court.                                       

          30  Mr. Bradt and Mr. Izen had been law partners from 1978                  
          to 1981.                                                                    

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