Jesse M. and Lura L. Lewis - Page 16

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          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.            








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