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argue that interest on the deficiencies should not be
charged beyond Dec. 31, 1986, which, in their view,
marks the inception of the fraud on the court. R has
conceded that no interest will be charged on the
deficiencies for the period of the appeals to the Ninth
Circuit commencing in 1992.
Held: The final settlement of T’s 1979-1981
deficiencies amounts to a 62.17-percent reduction of
those deficiencies.
Held, further: Two minor additional benefits
included in the T settlement bring the reduction
percentage up to 63.37 percent.
Held, further: The T settlement encompasses and
requires the vacating of the portion or portions of the
deficiencies determined against any Ps that may be
attributable to the “Bauspar” shelter that was also
promoted by Kersting and to any other issues not
arising from shelters promoted by Kersting.
Held, further: Interest on the reduced
deficiencies shall not be charged beyond the date in
1992 fixed by R’s concession and shall not be stopped
as of any earlier date.
Henry G. Binder and John A. Irvine, for petitioners
in docket Nos. 9382-83, 15907-84, and 30979-85.
Joe Alfred Izen, Jr., for petitioners in docket Nos.
17642-83, 4201-84, 38965-84, 40159-84, 22783-85, 30010-85,
35608-86, 479-89, and 8070-90.
Robert Alan Jones, for petitioners in docket Nos. 17646-83,
10931-84, 38757-84, 19464-92, 621-94, and 9532-94.
Declan J. O’Donnell, for petitioners in docket Nos.
10588-83, 27053-83, 28723-84, and 13477-87.
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