- 12 - 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).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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