Jerry and Patricia A. Dixon, et al - Page 285




                                       - 77 -                                         

               Mr. Sanchez expected that he would be informed by District             
          Counsel of settlements in tax shelter project cases that deviated           
          from the official project settlement offer.                                 
          B.   Official Kersting Project Settlement Offer (7-Percent                  
               Reduction of Deficiency or Out-of-Pocket Expenses)                     
               Between January 1982 and mid-1986, the terms of the official           
          Kersting project settlement offer were stated as follows:                   
                    You will be allowed your actual out-of-pocket                     
               expenses, in essence, the interest you actually paid                   
               to Henry Kersting on the prepayment loan, or leverage                  
               loan, which amount equals approximately 7% of the                      
               determined deficiencies in most cases.  In addition,                   
               if you reported capital gain income from the Kersting                  
               transactions, or recaptured the difference between your                
               adjusted basis in the stock and your outstanding                       
               indebtedness, then an appropriate adjustment will be                   
               made to reflect this fact.  In addition, if you are                    
               involved in a leasing plan, to the extent there are                    
               additional allowable I.R.C. Section 162 expenses which                 
               were not claimed on the return, an appropriate                         
               allowance will be made for settlement purposes.  If                    
               you were involved in the Uniform Gift to Minors Act                    
               program, referred to as KAT-FIT (sic), to the extent                   
               you can establish compliance with the Clifford Trust                   
               rules, then an appropriate allowance for the deductions                
               will be made.  The government will concede the                         
               negligence penalties, I.R.C. Section 6653(1) and I.R.C.                
               Section 6653(a)(2), as well as the I.R.C. Section                      
               6621(c) interest.                                                      
          The 7-percent reduction of the deficiency reflected a deduction             
          equal to an average of the actual out-of-pocket expenses in                 
          approximately 25 Kersting project cases.  For this purpose, the             
          Commissioner treated the "interest" paid on Kersting leverage               
          loans as the out-of-pocket expense.  From respondent's                      







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