Jerry and Patricia A. Dixon, et al. - Page 35

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          deficiencies was a result of his assignment to take over McWade’s           
          duties for the Thompsons’ taxable years 1979-1981 that were                 
          before the Court and that had been affected by the misconduct of            
          McWade and Sims.  There is no basis for finding that Dombrowski             
          had an affirmative obligation to demand, or intervene in, any               
          audit of the Thompsons’ 1993 return as subsequently filed in                
          1994.  To the contrary, any errors of omission or commission in             
          failing to report the Thompsons’ tax benefit income were the                
          responsibility of Poltash, their tax accountant, and DeCastro,              
          their tax attorney.  We therefore conclude that respondent’s                
          failure to ensure that the Thompsons reported tax benefit income            
          on their 1993 return (and respondent’s subsequent failure to                
          adjust the return accordingly) was not part of the Thompson                 
          settlement.                                                                 
                    8.   Payment of Witness Fees to Mr. Thompson                      
                                                                                     
               Petitioners urge that the Thompson settlement includes                 
          respondent’s payment of witness fees and mileage to Mr. Thompson,           
          who testified in January 1989 at the trial before Judge Goffe in            
          response to a subpoena issued by respondent.  We have noted that            
          respondent subpoenaed all the test case petitioners and also paid           
          Mr. Cravens’s witness fees.  We have also noted that there is no            
          record evidence regarding any requests for reimbursement of                 









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