- 8 - of petitioner participants in the second generation4 of tax shelter programs (the Kersting project) promoted by Henry F.K. Kersting (Kersting).5 During the trial on the merits of the test cases used to try to resolve the vast majority of the pending cases in the Kersting project,6 respondent’s trial counsel Kenneth W. McWade (McWade) (with the knowledge and connivance of 4In Pike v. Commissioner, 78 T.C. 822 (1982), affd. without published opinion 732 F.2d 164 (9th Cir. 1984), this Court sustained respondent’s disallowance of all deductions for interest, losses, and credits claimed by participants in Kersting’s first-generation programs. 5For additional information about the Kersting project, see infra Parts I.A. and I.B. Before his death on Mar. 4, 2000, Kersting and the tax shelter programs he promoted were frequently before the courts. In addition to those cases cited supra notes 2, 3, and 4, see also, e.g., United States v. Kersting, 891 F.2d 1407 (9th Cir. 1989) (holding that an IRS summons was enforceable against some Kersting program participants); Richards v. Commissioner, T.C. Memo. 1997-149, Supplemental Opinion T.C. Memo. 1997-299 (upholding Kersting project deficiency notice), affd. without published opinion 165 F.3d 917 (9th Cir. 1998); Gridley v. Commissioner, T.C. Memo. 1997-210 (denying petitioners’ motions for summary judgment to obtain benefit of Thompson settlement); Kersting v. United States, 206 F.3d 817 (9th Cir. 2000) (promoter penalties upheld); Kersting v. Commissioner, T.C. Memo. 1999-197 (sustaining deficiencies against Kersting personally); United States v. Kersting, 77 AFTR 96-1717 (Bankr. D. Haw. 1996) (denying Kersting bankruptcy discharge). 6In 1986, counsel for the parties in the Kersting-related cases agreed to a test case procedure, under which a few typical cases are selected as test cases, while the petitioners whose cases are not selected as test cases are encouraged to execute a “piggyback” agreement, i.e., a stipulation to be bound by the outcome of the test cases. The majority of petitioners in the Kersting-related cases executed piggyback agreements. See the discussion in Gridley v. Commissioner, supra note 5.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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