Jerry and Patricia A. Dixon, et al - Page 271




                                       - 63 -                                         

          Mr. Kersting told Mr. Seery that he considered it "mandatory"               
          that the Thompsons be removed as test case petitioners.  On                 
          September 24, 1986, Mr. Kersting again wrote to Mr. Seery,                  
          reminding him of the need to remove the Thompsons from the list             
          of test cases.  During this period, Mr. Thompson began talking              
          with other Kersting program participants about filing a class               
          action lawsuit against Mr. Kersting.                                        
               On January 1, 1987, Mr. Kersting wrote to Bill Witthorne, a            
          Kersting program participant, requesting help in dealing with               
          Mr. Thompson.  Mr. Kersting's letter states in pertinent part:              
               Yet, I consider it important that someone would bring                  
               home to Jack the dangers of the action he has in mind.                 
               He has been hoodwinked by the attorneys out in                         
               California and I think he is blind to the                              
               ramifications.  Can you think of anyone in California                  
               who is close to Jack and willing to talk to him?                       
          That same day Mr. Kersting wrote to Benness M. Richards, another            
          Kersting program participant, stating in pertinent part:                    
               We have been unsuccessful over the last six months or                  
               so to convince Jack that he will be better off with the                
               legal representation provided by us.  Neither has                      
               anyone be [sic] able to bring home to him that the IRS                 
               does NOT make him a better deal than offered to all the                
               other Petitioners.                                                     
               On March 10, 1987, Mr. DeCastro and Mr. Huestis informed               
          Mr. Thompson that Mr. Kersting would not return the Thompsons'              
          promissory notes.  Mr. DeCastro indicated that he wanted to                 
          discuss the possible involvement of his firm in bringing legal              
          action against Mr. Kersting.                                                
               On April 10, 1987, Mr. Thompson wrote a letter to other                
          Kersting program participants, saying that Mr. Kersting had                 

Page:  Previous  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  71  72  Next

Last modified: May 25, 2011