Jerry and Patricia A. Dixon, et al - Page 273




                                       - 65 -                                         

               On May 26, 1987, Mr. Huestis called Mr. DeCastro and learned           
          that, after Mr. Kersting had obtained a copy of Mr. Thompson's              
          April 10, 1987 letter, Mr. Moseley had written to Mr. DeCastro              
          on behalf of Mr. Kersting and proposed a settlement of the                  
          Kersting/Thompson dispute.  During a later meeting that day with            
          Mr. Thompson, Mr. Huestis agreed to contact another lawyer in               
          Honolulu, Charles R. Kozak (Mr. Kozak), to discuss whether                  
          Mr. Kozak might represent the Thompsons in a lawsuit against                
          Mr. Kersting.                                                               
               On May 27, 1987, Mr. Huestis contacted Mr. Kozak on behalf             
          of the Thompsons.  Mr. Kozak informed Mr. Huestis that he had               
          represented two other Kersting participants (David L. Bigelow34             



          34  David L. Bigelow and Patricia L. Bigelow had                            
          participated in the CAT-FIT program during the taxable years                
          1975 and 1976.  In Bigelow v. Commissioner, T.C. Summary 1983-6             
          (docket No. 3147-78S), the Court held that the Bigelows were                
          entitled to interest deductions that they had claimed under the             
          CAT-FIT program, partly on the basis of evidence that the                   
          Bigelows had successfully sued a related Kersting finance company           
          in State court.  Because the Bigelows' case was tried under the             
          small tax case procedure, the case was not subject to appeal and            
          is not treated as precedent for any other case.  See sec.                   
          7463(b).                                                                    
               Mr. Kozak had represented Mr. Bigelow in a lawsuit against             
          Mr. Kersting for payment of the "equity build-up" in a mortgage             
          funding program (presumably Bauspar) following Mr. Bigelow's                
          termination of the program.  Mr. Bigelow won the suit and                   
          collected damages.  According to Mr. Kozak, Mr. Bigelow had                 
          prevailed by virtue of Mr. Kersting's promise not to enforce                
          notes that Mr. Bigelow had signed in connection with his                    
          participation in other Kersting programs.  Mr. Bigelow used                 
          Mr. Kersting's written promise that he would not enforce                    
          promissory notes to prevent Mr. Kersting from asserting the                 
          principal on the notes as a defense or offset to Mr. Bigelow's              
          claim to the equity buildup in the mortgage funding program.                

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