Jesse M. and Lura L. Lewis - Page 8

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          shelter project, such as the Kersting project, is assigned to a             
          particular District Counsel’s office, that office has the                   
          authority to settle any individual case in the project.  District           
          Counsel has the authority in special circumstances to settle                
          individual tax shelter project cases on a basis different from              
          the project settlement offer.                                               
               By September 1986, Messrs. McWade and Seery agreed to modify           
          the 7-percent reduction settlement offer to incorporate a new               
          feature they called the “burnout” in cases involving more than 1            
          taxable year.  Under this feature, the interest on a taxpayer’s             
          total unpaid deficiencies for the first and second years of tax             
          liability would not begin to accrue until the due date for the              
          second year.  The burnout thus postponed for a year the accrual             
          of interest on the first year’s deficiency and reduced the total            
          interest that accrued on the deficiencies for both years.  This             
          was accomplished by zeroing out the taxpayer’s agreed deficiency            
          for the first year and adding it to the agreed deficiency for the           
          second year.                                                                
               The record does not disclose whether petitioners were aware            
          of respondent’s pretrial settlement offer; in any event,                    
          petitioners did not enter into a settlement before trial.                   
               The Test Case Procedure                                                
               It would have been a daunting task to try the cases of the             
          hundreds of similarly situated Kersting program participants who            






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