Jerry and Patricia A. Dixon, et al. - Page 38

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          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.                                            




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