Jerry and Patricia A. Dixon, et al. - Page 60

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          later decided to proceed without counsel and to settle their                
          cases.13                                                                    
               Seery also selected the Hongsermeiers as test case                     
          petitioners because he mistakenly believed that they had used               
          their own funds, rather than “nontaxable distributions” from                
          Kersting corporations, to repay loans to other Kersting                     
          corporations.  The Hongsermeiers’ 1978-1980 taxable years were              
          before the Court; respondent had failed to audit their 1981 and             
          1982 taxable years.                                                         
               There is no clear indication whether it was Seery or McWade            
          who originally proposed the participation of the Thompsons.  As             
          noted, the Thompsons’ 1979-1981 taxable years were before the               
          Court.  Respondent had failed to audit their 1982 taxable year.             
               B.   Deterioration of the Thompson-Kersting                            
                    Relationship                                                      
               Around the time Seery and McWade selected the test cases,              
          the relationship between the Thompsons and Kersting deteriorated.           
          Earlier in 1986, the Thompsons’ personal counsel, Huestis, had              
          asked Kersting for an accounting of the Thompsons’ participation            
          in the Kersting programs.  Huestis’s request led to a dispute               
          between the Thompsons and Kersting.  On June 23, 1986, the                  
          Thompsons retained John Chanin, a Honolulu attorney, to help them           
          in their dispute with Kersting.  In a letter dated August 23,               


          13See infra note 23.                                                        




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