Jerry and Patricia A. Dixon, et al. - Page 59

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          III. The Test Case Litigation and the Thompson Settlements                  
               A.   Selection of the Test Cases                                       
               McWade and Seery planned to use the test case procedure to             
          dispose of the cases of the Kersting program petitioners who                
          wished to contest the deficiencies determined against them by               
          respondent.  Most of these petitioners entered into stipulations            
          of settlement for tax shelter adjustments, also called “piggyback           
          agreements”.  Respondent and petitioners who entered into                   
          piggyback agreements thereby agreed to be bound by the results in           
          the selected test cases.  On June 10, 1986, McWade and Seery                
          provided the names of the test case petitioners they had selected           
          to Judge Goffe.                                                             
               Seery and McWade had agreed to the selection of test cases             
          in 14 dockets of seven married couples who had filed joint                  
          returns and one individual who had not filed jointly.  Among the            
          couples selected to be test case petitioners were the Thompsons,            
          John R. and E. Maria Cravens (the Cravenses), and Richard and               
          Fiorella Hongsermeier (the Hongsermeiers).                                  
               Seery particularly sought to include the Cravenses as test             
          case petitioners because they treated their payments to Kersting            
          as basis reductions that resulted in capital gain upon the                  
          termination of their interests in the programs.  The Cravenses              








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