- 16 - previously agreed deficiencies and interest. The refunds, estimated to exceed $60,000, were to be used to pay Mr. DeCastro’s fees in connection with the test case trial. Moreover, if the results of the trial were more favorable to the Thompsons than the new agreement, they would be entitled to the results of the trial. On August 3, 1989, Mr. DeCastro wrote a letter to Mr. McWade, reducing the new agreement to writing. Mr. McWade signed the letter and returned it to Mr. DeCastro. When Messrs. McWade and DeCastro reached the new agreement, respondent’s official settlement policy still provided for a 7- percent reduction in determined deficiencies, elimination of the negligence additions, and other minor concessions. This was notwithstanding that some petitioners’ attorneys, including Mr. DeCastro and Messrs. Chicoine and Hallett, had previously negotiated 20-percent reduction settlements on behalf of some of their clients. The new agreement, however, reduced the Thompsons’ determined deficiencies for the years at issue from $79,293 to $30,000--a reduction of 62 percent. The new agreement was thus a much more substantial deviation from respondent’s official settlement policy. Messrs. Sims’s and McWade’s superiors did not approve the new agreement. They did not discover the new agreement until after this Court had tried the test cases and issued its opinion and initial decisions therein.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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