Jerry and Patricia A. Dixon, et al - Page 288




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          Mr. Seery and Mr. McWade provided that the Commissioner would               
          settle any additions to tax for fraud on a case-by-case basis.              
               By letter dated September 29, 1986, Mr. Seery informed                 
          Kersting program participants of the terms of the modified 7-               
          percent settlement offer and suggested that they give serious               
          consideration to the proposal.  Mr. McWade informed Mr. Seery               
          that, because the trial of the test cases had been set for                  
          February 1987, the modified 7-percent settlement offer would be             
          withdrawn on December 31, 1986, and that Kersting program                   
          participants interested in accepting the settlement should                  
          contact Mr. McWade by November 10, 1986, in order to allow time             
          to complete the necessary computations before the withdrawal of             
          the offer.                                                                  
               On October 10, 1986, Mr. Kersting issued a letter to                   
          Kersting program participants in which he characterized the                 
          modified 7-percent settlement offer as "grossly inadequate."                
               Messrs. Sims and McWade did not notify the National Office,            
          Regional Counsel, or the Appeals Office that they had                       
          incorporated the burnout feature in their offer to settle                   
          Kersting project cases.                                                     
               2.   20-Percent Settlement Offer                                       
               Between September and December 1986, Mr. McWade and Mr. Sims           
          began to offer 20-percent settlements that were based on the same           
          general approach as their modified 7-percent settlement offer               
          that included the burnout feature.  The 20-percent settlement               
          approach originated in late 1986 in separate negotiations between           

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