Jerry and Patricia A. Dixon, et al. - Page 36

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          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”.                                                                     





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