Jesse M. and Lura L. Lewis - Page 38

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          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 an            






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