Jerry and Patricia A. Dixon, et al. - Page 49

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          It would appear that, in issuing its opinion and mandates in                
          Dixon V, the Court of Appeals for the Ninth Circuit, consistent             
          with its opinion in Commissioner v. Branson, supra, adopted the             
          view that the Tax Court had and has equitable power to resolve              
          the situation then before it, and now before us.                            
               More to the point, we regard respondent’s concession not to            
          collect interest on deficiencies that would otherwise accrue                
          beyond June 1992 as an appropriately targeted response to the               
          consequences of his former attorneys’ fraud on the court, which             
          caused substantial delay in the resolution of the Kersting                  
          project cases.68  We have respondent’s assurance that he will               
          give effect to the concession; we are satisfied he will do so.              
          Moreover, in accepting and endorsing respondent’s concession, we            
          need not and do not reach petitioners’ argument that the Tax                
          Court has the power and obligation to abate or cancel interest on           
          deficiencies as of an earlier date.69                                       


          68On May 14, 1992, test case petitioners Dixon, DuFresne,                   
          Young, and Hongsermeier had already appealed their test cases,              
          before the misconduct of respondent’s attorneys was discovered              
          and disclosed.  It is reasonable to assume that the conduct of              
          their appeals would have caused a delay of at least 1 or 2 years            
          before the Kersting project test cases would have been finally              
          decided, even if there had been no such misconduct.  In these               
          circumstances, we would not be inclined, even if our power to do            
          so were clear, to cancel or abate interest as of an earlier date            
          than respondent has conceded.                                               
          69In any event, we reject petitioners’ citation and                         
          discussion of United States v. Verdugo-Urquidez, 856 F.2d 1214,             
          1231 (9th Cir. 1988) (Wallace, J., dissenting), revd. 494 U.S.              
                                                             (continued...)           




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