Jerry and Patricia A. Dixon, et al - Page 293




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          to the acceptance of an Internal Revenue Service settlement                 
          offer.                                                                      
          On April 16, 1987, Mr. Chicoine wrote to Mr. Kersting and                   
          confirmed that he would be meeting Mr. McWade in Hawaii the                 
          following week to discuss the possible settlement of six cases.             
          Mr. Chicoine warned Mr. Kersting not to address the subject of              
          the status of settlement negotiations in his letters to Kersting            
          program participants, inasmuch as his comments could be                     
          detrimental to such negotiations.  On or about April 27, 1987,              
          Mr. Chicoine informed Mr. Kersting that he would recommend that             
          Kersting program participants accept a 20-percent settlement                
          offer.                                                                      
               By letter dated May 22, 1987, Mr. Kersting provided                    
          Mr. Hallett with information pertaining to a purported 30-percent           
          settlement negotiated by Mr. DeCastro on behalf of Benness M. and           
          Jane Richards.41  Mr. Kersting stated that he was attempting to             
          obtain information respecting additional settlements negotiated             
          by Mr. DeCastro.  Between May 1987 and February 1988,                       
          Mr. Kersting wrote no fewer than seven letters to Chicoine and              
          Hallett strongly objecting to their communication of a 20-percent           
          settlement offer to Kersting program participants.  In his                  

          41  In Richards v. Commissioner, T.C. Memo. 1997-149,                       
          supplemented by T.C. Memo. 1997-299, affd. without published                
          opinion 165 F.3d 917 (9th Cir. 1998), we observed that the                  
          settlement may have been detrimental to Mr. and Mrs. Richards               
          insofar as the original deficiency had been computed using an               
          excessive tax rate (70 percent) and may have been based in part             
          upon the disallowance of legitimate non-Kersting interest                   
          deductions.  See supra p. 27.                                               

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