- 135 - 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...)Page: Previous 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 Next
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