- 50 - characterized that agreement as “the government’s fraud and perfidy in a secret deal between Cravens and Thompson on the one hand and IRS attorney McWade (and other government officials) on the other hand.” The misconduct, as Mr. Kersting described it, “involves a settlement in favor of Cravens/Thompson in exchange for the damaging testimony and exhibits that were all put together as part of a prearranged plan.” In September 1992, Mr. Kersting advised the Kersting project petitioners who had signed piggyback agreements that they should demand “the same concessions arranged by the Revenue Service for Thompson and Cravens. An arrangement whereby $100,000.00 of taxes allegedly owed were reduced to a mere $15,000.00”. He also informed the Kersting project participants of the progress of the appeals in the test cases: “I had reason to believe that the Appeal of Judge Goffe’s decision at the 9th Circuit [Court] of Appeals in San Francisco was just around the corner. It did not come about that quickly, as you know.” Mr. Kersting noted the misconduct of the Government’s lawyers and added: “It threw the Appeals schedule into turmoil and motions had to be filed to ask for an extension of time for filing the Appeal.” In addition, all relevant information Messrs. O’Donnell and Jones had about the litigation of the test cases is attributable to their clients, petitioners herein. See Commissioner v. Banks, 543 U.S. , , 125 S. Ct. 826, 832 (2005); Veal v. Geraci, 23Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
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