Jerry and Patricia A. Dixon, et al - Page 284




                                       - 76 -                                         

               The National Office did not maintain a policy prohibiting              
          the settlement of a test case.  However, the Commissioner's                 
          practice of withdrawing project settlement offers once the                  
          project test cases have been set for trial would serve to bar               
          settlements in test cases and nontest cases alike.38                        
               2.   Regional Counsel                                                  
               Benjamin C. Sanchez (Mr. Sanchez) served as Regional Counsel           
          for the Western Region during the period in question.  His view             
          of District Counsel's settlement authority in tax shelter cases             
          differed from the National Office view.  In Mr. Sanchez' view,              
          District Counsel had authority to settle tax shelter project                
          cases only on the basis of the official project settlement offer.           
          Mr. Sanchez believed that District Counsel was obliged to adhere            
          strictly to the official project settlement offer because of the            
          overriding need to ensure consistent treatment of tax shelter               
          project cases.  Although Mr. Sanchez acknowledged that District             
          Counsel technically had authority to settle a tax shelter project           
          case on a basis different from the official project settlement              
          offer, Mr. Sanchez believed that it would be improper to do so.             
          In his view, disciplinary or other adverse career consequences              
          might follow if District Counsel deviated from the official                 
          project settlement offer in settling a case.                                



          38  Of course, District Counsel might be reluctant to settle                
          a test case at a time that removal of the case from the test case           
          array would require delay in the trial to allow the parties to              
          select a replacement case.                                                  

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