- 38 - to petitioners’ supplement, respondent, on March 14, 2005, filed notices that he chose not to do so. Discussion The Court of Appeals for the Ninth Circuit has decided that Messrs. Sims and McWade committed fraud on the Court when they failed to inform this Court, their superiors, and the other test case petitioners and their counsel, of their settlement agreement with Mr. DeCastro on behalf of the Thompsons. Mr. McWade compounded that misconduct at the original trial before Judge Goffe by creating a diversion that prevented Mr. Thompson from revealing the settlement during his testimony. The Court of Appeals held that “the actions of McWade and Sims amounted to a fraud on both the taxpayers and the Tax Court” that “corrupts the adversarial nature of the proceeding, the integrity of witnesses, and the ability of the trial court to judge impartially.” Dixon v. Commissioner, 316 F.3d at 1047. The Court of Appeals has vacated this Court’s decisions in the cases of the test case appellants and directed that they “and all other taxpayers properly before this Court” receive the equivalent of the Thompson settlement. In so doing, the Court of Appeals noted without comment that several hundred taxpayers had settled their cases. Id. at 1043. The opinion of the Court of Appeals constitutes the law of the case; under the law of the case doctrine, the decision of anPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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