- 122 - 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 ofPage: Previous 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 Next
Last modified: May 25, 2011