Jerry and Patricia A. Dixon, et al. - Page 5

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          is considering similar allegations by other taxpayers in motions            
          for leave to file motions to vacate stipulated decisions that               
          were never appealed and have become final, we granted                       
          petitioners’ motion for reconsideration and ordered and received            
          respondent’s response to petitioners’ motion.  However, we                  
          conclude in this Supplemental Memorandum Opinion that the law of            
          the case and the primary mandate of the Court of Appeals in Dixon           
          V preclude us in the cases at hand from conducting any further              
          inquiry into respondent’s misconduct and from imposing any                  
          additional sanction on respondent with respect to cases of                  
          taxpayers, including petitioners, who were properly before that             
          court.4                                                                     
                                     Background                                       
               For purposes of this motion, we incorporate our findings in            
          Dixon III and IV, as modified by Dixon V and VI.  We begin by               
          setting forth the background pertinent to this Supplemental                 
          Memorandum Opinion.                                                         
               Respondent determined deficiencies and additions to tax                
          against petitioners and other taxpayers who participated in tax             

               4We note that the law of the case and the mandates of the              
          Court of Appeals for the Ninth Circuit in Dixon V do not preclude           
          this Court from making such an inquiry in addressing motions for            
          leave to file motions to vacate stipulated decisions filed by               
          taxpayers who were not properly before the Court of Appeals.                
          See, e.g., motions for leave filed by Jesse M. and Lura L. Lewis            
          in docket Nos. 15673-87, 18551-88, 29429-88, regarding Lewis v.             
          Commissioner, T.C. Memo. 2005-205 (motion for reconsideration               
          pending).                                                                   





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