- 106 -
DeCastro Law Corp; this did not retire the billed
amount. I am completely amazed at the billings we are
receiving. I am now in receipt of additional billings
that exceed realistic amounts. In fact the total comes
to sixty six thousand two hundred forty three and
66/100 dollars ($66,243.66). At some point I know a
reconciliation will come. Luis [DeCastro] says don’t
be concerned. I am very concerned, I am the one being
billed.
* * * * * * *
Most emphatically I did not expect to be a channel
through which IRS funneled funds to any law firm.
Certainly not in this magnitude. I have the feeling at
this point that I am correct in this--the bill is to
[sic] much. I want to know the exact legal position I
occupy. We have been frustrated long enough. We wish
to close this chapter.
Mr. Thompson’s reaction as displayed by this letter is not that
of a willing participant in a fraudulent conspiracy; instead,
it’s the outrage of a mark who finally realizes he’s been a tool
in somebody else’s game.
The two cases cited by petitioners reinforce our conclusion.
In Popkin v. Commissioner, T.C. Memo. 1988-459, affd. without
published opinion 899 F.2d 21 (11th Cir. 1988), and Fried v.
Commissioner, T.C. Memo. 1989-430, affd. 954 F.2d 730 (11th Cir.
1992), the Commissioner determined fraud penalties against tax
shelter promoters who themselves had invested in four types of
tax shelters, involving books, movies, lithographs, and coal
mining. This Court rejected the Commissioner’s fraud
determinations in the book, movie, and lithograph shelters. The
Court did, however, sustain the fraud penalties against the
Page: Previous 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 NextLast modified: May 25, 2011