Jerry and Patricia A. Dixon - Page 23




                                       - 23 -                                         
                    Mr. McWade allowed Mr. Alexander to offer                         
               misleading testimony to the Court during the trial of                  
               the test cases regarding his understanding that his tax                
               liabilities would be reduced in exchange for providing                 
               assistance to Mr. McWade.  [Dixon III, 77 T.C.M. (CCH)                 
               at 1696, 1999 T.C.M. (RIA), at 99-622 to 99-623.]                      
               In sum, Messrs. Sims and McWade intentionally misled the               
          Court before, during, and after the trial of the test cases.                
          Further, the misconduct described above led the Court of Appeals            
          to remand the test cases to this Court for an evidentiary hearing           
          and has caused substantial continuing delay in the resolution of            
          the Kersting project cases.  The Court and the parties have                 
          expended substantial time, effort, and resources uncovering and             
          analyzing the effects on these proceedings of Messrs. Sims' and             
          McWade's misconduct.  What we have found is a deliberate attempt            
          by Messrs. Sims and McWade to manipulate and abuse the trial                
          process of the test cases.                                                  
               Considering all the circumstances, we conclude that the                
          actions of respondent's counsel Sims and McWade in entering into            
          the secret settlement agreements were undertaken and carried out            
          in bad faith.  Further, the circumstances in which those actions            
          were discovered and brought to the attention of the Court and               
          petitioners have had the effect of multiplying the proceedings in           
          these cases "unreasonably and vexatiously".  There is no                    
          plausible justification for those actions; Messrs. Sims and                 
          McWade engaged in a misguided attempt to bolster unfairly the               
          Commissioner's position in cases in which the Commissioner was              





Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011