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reduction of the deficiencies originally determined by
respondent.
On August 26, 1992, the Court denied respondent’s motion and
held respondent to the pretrial concessions granted by Messrs.
Sims and McWade in the new agreement as set forth in the August
3, 1989, letter agreement between Messrs. McWade and DeCastro.
The Court granted Mr. DeCastro’s motions for entry of decision in
the Thompson cases as follows:
Year Deficiency Additions to Tax
1979 --- ---
1980 $15,000 ---
1981 15,000 ---
Respondent did not appeal this Court’s decisions in the
Thompson and the Cravens cases.17 As a result, the Cravenses and
Mr. DeCastro’s clients, the Thompsons, had their cases closed,
while the other test case petitioners, who had appealed the
decisions entered in their cases, added the newly revealed facts
about the misconduct of respondent’s attorneys to the grounds for
their appeals.
On September 14, 1992, Mr. Kersting wrote another “Dear
Friend” letter to the participants in his tax shelter programs,
17As noted above, this Court had also denied the motion to
vacate with respect to petitioner Ralph J. Rina, and he appealed.
Unlike the Thompsons and the Cravenses, Mr. Rina had no
settlement agreement with Messrs. Sims and McWade. On June 13,
1995, however, Mr. Rina agreed to entry of a stipulated decision
in the amounts originally determined by respondent in his
deficiency notice.
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