Jerry and Patricia A. Dixon, et al. - Page 13

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          Izen then filed a motion in the Adairs’ interlocutory appeal to             
          transfer consideration of attorney’s fees on appeal to the Tax              
          Court.  See 9th Cir. R. 39-1.8.  Although the Court of Appeals              
          promptly granted the motion, Izen waited more than 2 years to               
          file his appellate fee request with this Court.  That fee request           
          is currently pending and will be the subject of a later opinion.            
          See infra note 12.                                                          
               On May 28, 2003, the Court of Appeals, acting through the              
          panel that had decided Dixon V, issued the following order in               
          response to petitioners’ appellate fee requests:                            
                    Appellants’ request for attorneys’ fees on appeal                 
               is remanded to the Tax Court for a determination of                    
               entitlement and, if warranted, amount.  Although not                   
               required by this order, an evidentiary hearing may aid                 
               the Tax Court in making this determination.  The panel                 
               retains jurisdiction over all further proceedings that                 
               may arise.                                                             
          Thereafter, petitioners’ counsel attempted, unsuccessfully, to              
          retrieve from the Court of Appeals the documents relative to the            
          appellate fee requests.  Petitioners’ counsel and respondent’s              
          counsel eventually filed in this Court a Special Stipulation of             
          Facts Concerning Appellants’ Request for Attorneys’ Fees on                 
          Appeal (the stipulation), stipulating the authenticity of the               
          appellate fee requests and all related objections, oppositions,             
          replies, and records attached as exhibits to the stipulation.               
          Petitioners have largely pursued their appellate fee requests in            
          this Court on a joint basis.                                                

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