Jerry and Patricia A. Dixon, et al. - Page 9

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          his supervisor, Honolulu District Counsel William A. Sims                   
          (Sims)), entered into secret settlements with Luis DeCastro                 
          (DeCastro), counsel for test case petitioners John R. and Maydee            
          Thompson (the Thompsons).  The financial terms of the final                 
          settlement were much more advantageous to the Thompsons than the            
          settlements generally made available to other petitioner                    
          participants in the Kersting project.7  The final settlement with           
          the Thompsons was intended to provide refunds of tax and interest           
          paid by the Thompsons under a prior settlement, plus interest               
          thereon, that were to be used--and the bulk of the refunds was              
          used--to pay DeCastro’s fees for providing the appearance of his            
          independent representation of the Thompsons at the trial of the             
          test cases.  After this Court upheld respondent’s determinations            
          and entered decisions in favor of respondent in all the test                
          cases, see Dixon v. Commissioner, T.C. Memo. 1991-614 (Dixon II),           
          respondent’s senior management discovered the settlements, moved            
          this Court to vacate the decisions (including the decisions in              
          the Thompsons’ cases) that had not already been appealed to the             


          7One nontest case petitioner, Denis Alexander, in exchange                  
          for his acting as a witness and serving as an undeclared                    
          consultant to McWade during the original trial of the test cases,           
          as described in Dixon III at Findings of Fact V.B. and VI.F.,               
          received a settlement even more favorable than that afforded the            
          Thompsons.  Although the Court of Appeals in Dixon V noted                  
          Alexander’s settlement, the Court of Appeals did not rely on or             
          refer to that settlement in formulating the sanction to be                  
          imposed by its mandates.                                                    





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