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

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          6653(a)(1)(B), and incremental interest attributable to the                 
          increased rate prescribed in section 6621(c).  In Dixon IV, the             
          Court awarded additional sanctions against respondent by awarding           
          petitioners attorney’s fees and costs under section 6673(a)(2)              
          but declined to impose any further sanctions.                               
               Test case and nontest case petitioners appealed.  Izen, in             
          his brief to the Court of Appeals, argued not only that the                 
          misconduct of respondent’s attorneys was a fraud on the court,              
          but also that the Tax Court had abused its discretion by denying            
          petitioners’ discovery requests related to allegations of                   
          respondent’s continued misconduct after the trial of the test               
          cases.  Although the Court of Appeals did not address Izen’s                
          discovery arguments in its opinion, it commented that                       
          respondent’s disclosure of respondent’s attorneys’ misconduct               
          “was anything but complete”.  Dixon v. Commissioner, 316 F.3d at            
          1045 n.8.                                                                   
               In Dixon V, the Court of Appeals concluded that “the                   
          misconduct, including its persistence and concealment, did indeed           
          amount to a fraud on the court.”  Id. at 1043.  As a sanction               
          against respondent for the misconduct, the Court of Appeals                 
          mandated that “terms equivalent to those provided in the                    
          settlement agreement with [the Thompsons] and the IRS” be                   
          extended to “Appellants [test case petitioners] and all other               
          taxpayers properly before this Court”.  Id. at 1047.  Notably,              






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