Jerry and Patricia A. Dixon, et al - Page 275




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               companies are making loans, leasing cars and factoring                 
               accounts in any meaningful business sense is without                   
               any merit.                                                             
                    Further, I believe we will find that Kersting did                 
               not do many of the "house keeping" accounting and legal                
               matters which needed to be done to qualify his schemes                 
               before the IRS, even if there was an arguable business                 
               purpose position for his schemes under the tax code.                   
                    In my estimation, those clients of Kersting who                   
               continue to be represented by Kersting's lawyers are                   
               headed towards a nightmare.  Interest continues to                     
               mount on the taxes due.  By the time the pilots finally                
               get a decision from the tax court, they will be in                     
               terrible financial condition.  Of course, they will                    
               still have to pay the tax since bankruptcy will not                    
               terminate their tax liability.                                         
                    Those who are smart enough should disassociate                    
               themselves from Kersting's lawyers now, obtain their                   
               own counsel, offer their testimony as part of their                    
               negotiations with the IRS and buy out as cheap as they                 
               can now!                                                               
               There is no evidence in the record that the Thompsons have             
          ever filed a lawsuit against Mr. Kersting or that Mr. Kersting              
          has ever filed a lawsuit against the Thompsons.  There is no                
          documentation in the record to support Mr. Thompson's statement             
          to Mr. Kersting in 1986 that in 1982 he had asked Mr. Kersting to           
          terminate Mr. Thompson's participation in the Kersting programs.            
          B.   The Alexander Dispute                                                  
               As previously mentioned, Mr. Alexander first met                       
          Mr. Kersting in Los Angeles in the early 1960's.  In the mid-               
          1970's, Mr. Alexander lent over $100,000 to Mr. Kersting to                 
          assist him in the acquisition of Cosmopolitan Financial Corp.               
          Mr. Alexander's creditor's interest in Cosmopolitan evolved into            
          a stock interest in Charter Financial.  Mr. Alexander also lent             


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