Jerry and Patricia A. Dixon - Page 13




                                       - 13 -                                         
          Bradt, Ron Fujiwara, and the law firm of Yempuku and Kugisaki               
          between June 10, 1992, and August 15, 1999, should not be                   
          included as part of an award of attorney's fees to petitioners              
          because:  (1) Mr. Izen failed to substantiate the basis for the             
          payments; and (2) the fees were in fact attributable to legal               
          services provided to Mr. Kersting in personal matters, including,           
          but not limited to, Mr. Kersting's challenges to the                        
          Commissioner's assessments of promoter penalties (Kersting v.               
          United States,     F.3d     (9th Cir. Mar. 13, 2000)), Mr.                  
          Kersting's personal bankruptcy (In re Henry F.K. Kersting, Bankr.           
          No. 92-01334 and United States v. Henry F.K. Kersting, No. 93-              
          0045 (Bankr. D. Haw.)), and Mr. Kersting's personal tax                     
          deficiency case (Kersting v. Commissioner, T.C. Memo. 1999-197).            
          Respondent further argued that a portion of the fees paid to Mr.            
          Izen from the Belton fund likewise represented fees properly                
          allocable to services that Mr. Izen provided to Mr. Kersting in             
          respect of these same personal matters.  Respondent also                    
          emphasized that Mr. Izen's current position that he began                   
          receiving payments from the Belton fund as early as 1992                    
          conflicts with his earlier testimony at the evidentiary hearing             
          that his fees had been paid by Mr. Kersting until "about November           
          of '94 or December of '95".                                                 
               With regard to the materials submitted by Mr. Jones,                   
          respondent notes that Mr. Jones failed to submit time sheets or             






Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011