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reported that Mr. McWade had offered to settle docketed Tax Court
cases in accordance with the previously described 20-percent
settlement offer, recommended that program participants seriously
consider the settlement, and suggested that those who desired to
settle on these terms should contact Chicoine and Hallett.
On February 20, 1988, Mr. Kersting wrote to Chicoine and
Hallett stating in pertinent part: "I hereby revoke your
appointment as counsel for the test cases".
On February 23, 1988, Mr. Chicoine wrote to Mr. McWade
seeking a 20-percent settlement on behalf of test case
petitioners Terry D. and Gloria K. Owens. Mr. Chicoine's letter
states in pertinent part:
Mr. Owens understands that not all cases will settle
and you wish to proceed to trial with some test cases.
It is hoped that under the circumstances he may be
withdrawn as a test case. If this is not possible,
he still wishes to settle the case and enter into an
agreement which will permit him to settle the case
regardless of the outcome of the trial.
Mr. and Mrs. Owens subsequently decided that they would not
continue efforts to settle their case.
In early March 1988, Chicoine and Hallett began receiving
requests from Kersting program participants for return of the
$550 retainer fee. Although Chicoine and Hallett returned the
full amount of the fee to all those who requested it, they were
informed that they might be billed for a "minimal amount"
reflecting the firm's costs associated with the opening of files
and issuance of status reports.
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