Jerry and Patricia A. Dixon, et al - Page 307




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          particular, Mr. McWade agreed to reduce the Thompsons'                      
          deficiencies in an amount sufficient to compensate them for the             
          cost of having an attorney represent them at the trial of the               
          test cases.  Mr. DeCastro estimated that his legal fees for                 
          representing the Thompsons at the trial of the test cases would             
          be approximately $60,000.  Under the revised settlement                     
          agreement, the Thompsons' tax deficiencies were reduced to the              
          following:                                                                  
          Year          Deficiency         Additions to Tax                           
               1979             ---                   ---                             
          1980           $15,000                 ---                                  
          1981            15,000                 ---                                  
          By reason of the Thompsons' having previously remitted $121,770             
          to the Internal Revenue Service for the taxable years 1979, 1980,           
          and 1981, Mr. DeCastro and Mr. McWade calculated that the above-            
          described reductions of the Thompsons' deficiencies would                   
          generate refunds of tax and interest to the Thompsons of                    
          approximately $60,000.  Mr. DeCastro and Mr. McWade understood              
          that the refunds generated by the reduced deficiencies would be             
          used for the purpose of paying the Thompsons' attorney's fees to            
          Mr. DeCastro.                                                               
               Although Mr. McWade and Mr. DeCastro agreed to revise the              
          Thompson settlement in this manner before the trial of the test             
          cases, the first written confirmation of their agreement appears            
          after the trial, in the form of an April 10, 1989, memorandum               
          from Mr. McWade to Tom Stevens (Mr. Stevens), Chief of Special              
          Procedures in the Collection Division of the Honolulu District              

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