- 123 - witness fees on behalf of any other test case petitioner.64 Such requests would have been required in order to obtain reimbursement, inasmuch as Rule 148(b) in effect provides that the Commissioner, unlike a private party, is not required to tender fees and mileage in order to issue a valid subpoena. On the basis of this record, we do not believe respondent’s payment of Thompson’s witness fees and expenses was a benefit that was unavailable to the other petitioners who testified at the trial of the test cases. Accordingly, we conclude that such payment was not part of the Thompson settlement. Having so concluded, there is no need to reach petitioners’ argument that the payment of Thompson’s fees was a benefit that should be given effect by subtracting it from the numerator of the settlement fraction rather than adding it to the denominator. 9. Release of Lien on the Thompsons’ Property and Other Intangible Benefits On February 8, 1982, respondent had filed a notice of Federal tax lien for the unpaid balance due of $23,385.78 for the Thompsons’ taxable year 1978, which did not involve the 64Rule 148(a) states: “Any witness summoned to a hearing or trial, or whose deposition is taken, shall receive the same fees and mileage as witnesses in the United States District Courts.” Rule 148(b) refers to sec. 7457(b)(1), which provides in turn: “In the case of witnesses for the Secretary, such payments [of fees, mileage and expenses] shall be made by the Secretary out of any moneys appropriated for the collection of internal revenue taxes”.Page: Previous 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 Next
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