- 21 - In their motion for reconsideration, petitioners complain that during the course of the evidentiary hearing conducted on remand from the Court of Appeals, as required by DuFresne, this Court denied them access to Government documents that showed the extent of respondent’s continued misconduct in attempting to conceal the trial attorneys’ misconduct. Our decisions entered in accordance with Dixon III and Dixon IV, however, were appealed. Izen, in his brief on appeal, argued to the Court of Appeals that the Tax Court abused its discretion by denying petitioners’ discovery requests related to respondent’s conduct following the trial.11 Although the Court of Appeals did not address Izen’s discovery arguments in its Dixon V opinion, it referred to the “persistence and concealment of the misconduct”, Dixon v. Commissioner, 316 F.3d at 1043, and commented that respondent’s disclosure of the misconduct “was anything but complete”. Id. at 1047 n.8. In formulating the Thompson settlement sanction mandated by Dixon V, the Dixon V panel was aware and took into account that respondent’s conduct following the trial of the test cases had been less than exemplary. The alleged misconduct of respondent’s managers following the trial of the test cases was directly in issue in the prior 11In the Court’s evidentiary proceedings on the Dixon V mandate, the Court required the production of the bulk of the materials to which petitioners had been previously denied access, as a means of helping the Court to ascertain “respondent’s understanding of the origins and nature of the Thompson settlement.” See supra notes 4 and 9 and accompanying text.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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