- 12 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011