Jesse M. and Lura L. Lewis - Page 17

                                       - 17 -                                         
               Posttrial Proceedings in the Test Cases                                
               On December 11, 1991, the Court, through Judge Goffe, issued           
          its opinion in Dixon v. Commissioner, T.C. Memo. 1991-614 (Dixon            
          II), sustaining almost all respondent’s determinations that the             
          Kersting programs in issue lacked substance for tax purposes.               
               In February 1992, Mr. Kersting sent a lengthy “Dear Friend”            
          letter to the participants in his programs.  He advised them:               
               We came to talk about the escape routes open to                        
               essentially all of us as a result of the adverse                       
               decision in US Tax Court.  There is first the road to                  
               San Francisco where we plan to point out to the 9th                    
               Circuit [Court] of Appeals the items of “reversible                    
               error” with which the Judges opinion is laced and the                  
               procedural flaws which had been disregarded by the                     
               Judge even though he was bound by law to take them into                
               consideration.  The appeal is being prepared by Joe                    
               Izen and shall be filed timely in due course.                          
                         *    *    *    *    *    *    *                              
               To my total exhilaration there was not a single voice                  
               of disgruntlement or dissent at either the meeting in                  
               Houston or Los Angeles.  On the contrary, there was                    
               unanimous support for the appeal at the 9th Circuit                    
               [Court] of Appeals in San Francisco and for continuing                 
               efforts to right the wrong we have been subjected to in                
               US Tax Court.  * * *                                                   
               Mr. Kersting’s letter also warned the participants in his              
          programs that “IRS soldiers * * * will begin another harassment             
          campaign soon in order to break down your willingness to resist.            
          It would be well within their character.”  Accordingly, he                  
          advised:                                                                    
               In anticipation of this we have formed a defense team                  
               of attorneys who have indicated their willingness to                   
               provide the shield for you if you get singled out for                  





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