Jesse M. and Lura L. Lewis - Page 34

                                       - 34 -                                         
          inherent power and imposed sanctions against respondent.  In                
          particular, the Court held that Kersting program participants who           
          had not had decisions entered in their cases, or whose decisions            
          were not final, were relieved of liability for (1) the interest             
          component of the addition to tax for negligence under sections              
          6653(a)(2) and 6653(a)(1)(B), and (2) interest computed at the              
          increased rate prescribed in section 6621(c).                               
               On June 24, 1999, the Court vacated its decisions in the               
          test cases to consider the applications of attorneys Izen and               
          Jones for fees and sanctions against respondent.  After the test            
          case and non-test-case petitioners who had participated in the              
          evidentiary hearing, including those represented by Mr. Sticht,             
          had filed numerous additional papers, the Court, on March 31,               
          2000, filed a Supplemental Memorandum Opinion as Dixon IV.  The             
          Court awarded in part the fees sought and denied the motions for            
          additional sanctions.  On the same date, the Court again entered            
          decisions in the test cases.  The test case petitioners filed               
          timely notices of appeal from these decisions, again seeking                
          review by the U.S. Court of Appeals for the Ninth Circuit.                  
               The Second Appeal                                                      
               On January 17, 2003, the Court of Appeals issued a second              
          opinion in the test cases, Dixon v. Commissioner, 316 F.3d 1041             
          (9th Cir. 2003) (Dixon V), as amended on March 18, 2003, vacating           
          and remanding this Court’s decisions in the test cases other than           






Page:  Previous  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  Next

Last modified: May 25, 2011