- 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 forPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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