Jesse M. and Lura L. Lewis - Page 12

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               Additional Attorneys Engaged by Mr. Kersting                           
               Mr. Kersting then engaged attorneys Robert J. Chicoine (Mr.            
          Chicoine) and Darrell D. Hallett (Mr. Hallett) to represent the             
          test case petitioners.  Messrs. Chicoine and Hallett agreed to do           
          so with the understanding they would not represent Mr. Kersting.            
          Early in January 1987, they entered their appearances for the               
          Dixons and the other test case petitioners and promptly filed               
          motions to suppress evidence seized in 1981 from Mr. Kersting’s             
          office.10  Throughout 1987, Messrs. Chicoine and Hallett also               
          negotiated with Mr. McWade to settle the test cases.  They                  
          ultimately reached an oral agreement with Mr. McWade for a                  
          settlement in which respondent would concede 20 percent of the              
          proposed deficiencies; in letters dated February 9, 1988, they              
          disclosed this proposed settlement to the test case petitioners             
          and to non-test-case petitioners who had inquired about the                 
          possibility of a more advantageous settlement.  The proposed 20-            
          percent reduction settlement displeased Mr. Kersting; on February           
          20, 1988, he wrote to Messrs. Chicoine and Hallett that “I hereby           
          revoke your appointment as counsel for the test cases”.  In April           
          1988, Messrs. Chicoine and Hallett informed the test case                   

               9(...continued)                                                        
          order copies of several authorities concerning conflicts of                 
          interest, including Adams v. Commissioner, 85 T.C. 359 (1985).              
               10In an Opinion dated Feb. 11, 1988, this Court held that it           
          lacked power to suppress evidence seized from a third party not             
          before the Court.  See Dixon v. Commissioner, 90 T.C. 237 (1988)            
          (Dixon I).                                                                  




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