Jerry and Patricia A. Dixon, et al. - Page 11

                                       - 11 -                                         
               Although Porter & Hedges attorneys Henry Binder (Binder) and           
          John A. Irvine (Irvine) entered appearances in the Court of                 
          Appeals on behalf of the Dixons, DuFresnes, and Owenses, Minns              
          remained counsel of record for the Hongsermeiers.  Thus, three              
          sets of counsel pursued the appeals of the test cases:  Izen on             
          behalf of the Youngs, Minns on behalf of the Hongsermeiers, and             
          Porter & Hedges on behalf of the Dixons, DuFresnes, and Owenses             
          (hereafter, the PH petitioners).                                            
               The Court of Appeals reversed and remanded, holding that the           
          misconduct of the Government attorneys in the trial of the test             
          cases was a fraud on the court, for which no showing of prejudice           
          is required.  See Dixon v. Commissioner, 316 F.3d 1041 (9th Cir.            
          2003) (Dixon V); see also Dixon v. Commissioner, T.C. Memo. 2006-           
          90 (Dixon VI) (determining the parameters of the illicit Thompson           
          settlement and extending the benefit thereof to all remaining               
          Kersting project petitioners in accordance with the mandate of              
          the Court of Appeals in Dixon V).  After the issuance of Dixon V,           
          a group comprising the Hongsermeiers and 38 nontest case                    
          petitioners--35 of whom are also part of the group of 112 and               
          three of whom are part of the group of 112 and the group of 43--            
          retained Minns to continue representing their interests in post-            
          appellate matters (including this fee litigation).  The                     
          Hongsermeiers and each member of the group of 38 paid Minns a               
          $3,500 retainer fee.                                                        

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011