Jerry and Patricia A. Dixon, et al. - Page 10

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          Court of Appeals for the Ninth Circuit, and requested an                    
          evidentiary hearing.  After vacating the decisions, the Court               
          denied the motion for evidentiary hearing, entered decisions for            
          the Thompsons in accordance with their final settlement, and                
          reentered or allowed to stand its decisions in the other test               
          cases.  The Court thereafter denied motions by test case and                
          nontest case petitioners to intervene in the Thompsons’ cases               
          shortly before the new decisions in those cases became final.  In           
          DuFresne v. Commissioner, 26 F.3d 105 (9th Cir. 1994) (hereafter            
          DuFresne), the Court of Appeals for the Ninth Circuit vacated the           
          decisions against the other test case petitioners on the ground             
          that the misconduct of Sims and McWade required further inquiry.            
          The Court of Appeals directed this Court to hold an evidentiary             
          hearing to determine:  “whether the extent of misconduct rises to           
          the level of a structural defect voiding the judgment as                    
          fundamentally unfair, or whether, despite the government’s                  
          misconduct, the judgment can be upheld as harmless error.”  Id.             
          at 108.                                                                     
               This Court conducted the evidentiary hearing directed by the           
          Court of Appeals and held that the misconduct of the Government             
          attorneys did not create a structural defect but rather resulted            
          in harmless error.  See Dixon v. Commissioner, T.C. Memo. 1999-             
          101 (Dixon III).  We imposed sanctions against respondent in the            
          form of relief from the accrual of interest on additions to tax             





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