Jesse M. and Lura L. Lewis - Page 18

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               direct molestation.  I have met with the attorneys                     
               several times over the last 10 days or so and I have                   
               convinced myself of their skills and competency.                       
               Moreover, they seem to have the most important trait in                
               dealing with the Revenue Service, namely fearlessness.                 
               It is the distinction which makes the difference.  The                 
               IRS is to us a formidable and threatening adversary.                   
               We need the presence of someone who can provide the                    
               balancing force and the element of stabilization.  I                   
               will include with this letter a copy of the business                   
               card of the attorney I have in mind.  * * *                            
          The copy of the business card bore the name “R.A.J. Limited,                
          Robert Alan Jones, Esq., President”.                                        
               Subsequently, Mr. Jones and attorney Declan J. O’Donnell               
          announced the “Henry Kersting Tax Defense Group”.  A “Defense               
          Group” brochure, created in May 1992 and stamped “advertising               
          material”, describes the legal services Messrs. O’Donnell and               
          Jones would offer to Kersting program participants.  The brochure           
          includes a description of the qualifications and practice                   
          backgrounds of Messrs. O’Donnell and Jones, along with retainer             
          agreements and copies of relevant memoranda and correspondence.             
          One such memorandum, entitled “Status of the Kersting Cases”, was           
          signed by Mr. O’Donnell and dated May 12, 1992.  It advised that            
          most of the Kersting program participants had executed piggyback            
          agreements to be bound by the results in the test cases.  It                
          stated:                                                                     
                    The Dixon case was decided for the Government and                 
               against the six Petitioners.  The opinion of Judge                     
               Goffe was filed on December 11, 1991, and the Appeal                   
               deadline date is June 11, 1992.  Mr. Joe Izen of                       
               Houston, Texas, represents the lead case Petitioners                   
               and will handle the Appeal.  * * *                                     





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