- 125 - urge, however, that such benefits be deemed “ballast” in weighing the sanctions to be imposed. We believe that, in responding as we have to the mandates of the Court of Appeals, we have accounted for the problems faced by the other affected taxpayers. We are painfully aware, as the Court of Appeals for the Ninth Circuit has observed, that “Enormous amounts of time and judicial resources have been wasted” and further that the “taxpayers should not be forced to endure another trial”. Dixon v. Commissioner, 316 F.3d at 1047. We further recognize the urgent need to “equitably resolve this situation” to the best of our abilities. Id. Despite our rejection of any notion of “ballast” as an impermissible invitation to fix damages against respondent, we are confident that our implementation of the mandates, in conjunction with respondent’s concession cutting short the accrual of interest on deficiencies, see infra Part III, will provide substantial relief to all affected taxpayers. F. The Percentage Reduction Summarized To summarize our holdings above, we shall direct that the Kersting-related deficiencies65 for each of the affected taxpayers are to be reduced by a factor of 63.37 percent; that is, affected taxpayers will have to pay 36.63 percent of the 65We do not include in that term deficiencies relating to Bauspar. See infra Part II.G.2.Page: Previous 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 Next
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