Jerry and Patricia A. Dixon, et al. - Page 21

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               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.                



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