- 24 - authority. Consequently, respondent asked the Court to apply the 18.8-percent reduction settlement to the Thompsons.15 The result for the Thompsons would have been deficiencies of zero for taxable year 1979, $34,425 for 1980, and $30,000 for 1981.16 Respondent’s motion papers compared the amounts of the Thompsons’ deficiencies originally determined for the 3 years at issue, totaling $79,293.52, with the unauthorized new agreement reducing the deficiencies to zero, $15,000, and $15,000, or total deficiencies of only $30,000, thus generating the refunds used to pay Mr. DeCastro’s legal fees. These figures, without more, indicate that the new agreement represented a 62-percent 15Respondent’s motion papers explained that the December 1986 agreement between Mr. DeCastro and Messrs. Sims and McWade to reduce the Thompsons’ deficiencies by 18.8 percent exceeded the terms of the standard 7-percent reduction settlement offer. Nevertheless, respondent conceded, “Respondent’s counsel possessed the authority to make such an offer, and such offer was accepted by petitioners herein as well as others.” Respondent also noted an “approximately 20 percent” reduction settlement offer previously made to other participants. Respondent did not revive the 20-percent reduction offer after trial. See supra note 11. 16As things worked out, the final settlement of the Cravenses, who were not represented by counsel, was less favorable to them than respondent’s modified 7-percent reduction settlement offer. In particular, the Cravenses’ correct tax liabilities for 1979 and 1980 were $4,508 and $5,893.45, respectively, for a total of $10,401.45. The Cravenses’ settlement, which was for $9,782.16, represents a reduction of 6 percent of the deficiencies respondent originally determined. In addition, the Cravenses’ settlement did not include the burnout feature. On Aug. 25, 1992, this Court entered a decision for the stipulated total amount of the deficiencies, but the decision included the stipulation that certain advance payments made by the Cravenses had not yet been taken into account.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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