Jesse M. and Lura L. Lewis - Page 24

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          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.                  





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