- 23 - 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.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011