Jerry and Patricia A. Dixon, et al. - Page 12

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          represented by Izen, some represented by Sticht, and others by              
          Robert Alan Jones (Jones), be consolidated with the remaining               
          test cases.8                                                                
               During the course of the evidentiary hearing mandated by               
          the Court of Appeals in DuFresne, Izen sought discovery of                  
          documents regarding respondent’s conduct following the trial of             
          the test cases.  Izen alleged, inter alia, that respondent’s                
          activities after May 1992 amounted to an effort to cover up the             
          fraudulent conduct of the Government attorneys in the test cases.           
          The Court denied Izen’s discovery requests.  See Dixon III, sec.            
          III C.                                                                      
               In Dixon III, this Court held that the misconduct of McWade            
          and Sims in arranging and failing to disclose the Thompson                  
          settlement did not create a structural defect but instead                   
          resulted in harmless error.  In Dixon III, the Court nevertheless           
          imposed sanctions against respondent, holding that Kersting                 
          program participants who had not had final decisions entered in             
          their cases would be relieved of liability for the interest                 
          component of the addition to tax for negligence under section               


               8The nontest cases that were consolidated with the remaining           
          test cases for purposes of the evidentiary hearing initially                
          included petitioners represented by Declan J. O’Donnell.  Those             
          petitioners, however, dropped out and did not participate in the            
          evidentiary hearing, choosing instead to file a motion for                  
          summary judgment to obtain the benefit of the Thompson                      
          settlement.  The Court denied the motion in Gridley v.                      
          Commissioner, T.C. Memo. 1997-210.                                          





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