Jesse M. and Lura L. Lewis - Page 15

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          before January 1, 1987.  See TRA sec. 511(b), 100 Stat. 2246.               
          The payment was made with two checks, one of which, for $34,000,            
          was originally dishonored.  The Thompsons replaced the $34,000              
          check early in 1987.12  On June 15, 1987, pursuant to further               
          negotiations, the Thompsons paid the total proposed deficiencies            
          of $63,000, in order to halt further accrual of interest on the             
          deficiencies.13  By June 1987, their payments to the Internal               
          Revenue Service with respect to the taxable years 1979 through              
          1981 totaled $121,770.                                                      
               Shortly before trial of the test cases in this Court in                
          January 1989, Messrs. McWade and DeCastro reached an oral                   
          agreement (the new agreement) in the Thompsons’ cases calling for           
          reduction of the agreed deficiencies for 1979, 1980, and 1981 to            
          zero, $15,000, and $15,000, respectively.  The purpose of this              
          reduction was to generate refunds to the Thompsons from the                 
          $121,770 they had previously paid toward satisfaction of the                


               12In March 1987, Mr. McWade agreed to reduce the combined              
          deficiency of the Thompsons for 1979 and 1980 from $34,425 to               
          $33,000, bringing the reduction in total deficiencies to                    
          approximately 20 percent.  The record does not disclose why Mr.             
          McWade agreed to that reduction, although similar 20-percent                
          reduction settlements were later offered to the clients of                  
          Messrs. Chicoine and Hallett.  Mr. DeCastro communicated this               
          proposed reduction to his clients, but apparently he did not                
          execute decision documents confirming the Thompsons’ acceptance             
          of this lowered amount.                                                     
               13The Thompsons paid this amount with a check for $63,000;             
          respondent credited $775 to their taxable year 1988, a year not             
          then before the Court.  The balance of $62,225 was credited to              
          their liabilities for their taxable year 1979.                              




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