Jerry and Patricia A. Dixon, et al - Page 286




                                       - 78 -                                         

          perspective, the 7-percent settlement offer was equivalent to               
          allowing a deduction for a theft loss in the year of payment.39             
               Under the 7-percent settlement offer, the Commissioner                 
          would:  (1) Concede the negligence addition to tax and increased            
          interest imposed on tax-motivated transactions pursuant to                  
          section 6621(c); (2) concede an annual deduction under section              
          162 or 212 to leasing program participants for expenses that                
          exceeded the out-of-pocket adjustment; (3) concede the deficiency           
          in full to participants in the CAT-FIT program who could provide            
          information on how the funds paid to the minor child were used              
          and establish that such use did not give rise to constructive               
          receipt of income by the parents; and (4) make appropriate                  
          adjustments if the taxpayer had reported capital gains upon the             
          surrender of stock certificates to Mr. Kersting.  The purpose of            
          these concessions and adjustments was to provide similar                    
          treatment of all Kersting program participants who wished to                
          settle their cases.                                                         
          C.   Deviations From Official Project Settlement Offer                      
               1.   Modified 7-Percent Settlement Offer                               
               Between April and September 1986, Mr. McWade and Mr. Seery             
          conducted settlement negotiations that led Mr. McWade to offer a            
          settlement that deviated from the official project settlement               


          39  Respondent's position represented a concession insofar                  
          as the allowance as a deduction of a theft loss of payments                 
          induced by misrepresentation is postponed until the year of                 
          discovery.  See sec. 165(e); Bellis v. Commissioner, 61 T.C. 354,           
          357 (1973), affd. 540 F.2d 448 (9th Cir. 1976).                             

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