Jerry and Patricia A. Dixon, et al. - Page 63

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               Meanwhile, in the wake of Seery’s withdrawal, Kersting                 
          engaged attorneys Robert J. Chicoine (Chicoine) and Darrell D.              
          Hallett (Hallett) to represent the test case petitioners (other             
          than the Thompsons and the Cravenses) at the Tax Court’s trial              
          session in Maui, Hawaii, which had been scheduled to commence               
          February 9, 1987.  Chicoine and Hallett agreed to do so with the            
          understanding that they would not represent Kersting.  In late              
          1986, Chicoine and Hallett apparently indicated to McWade and               
          Sims that they intended to challenge the admissibility of                   
          evidence that had been seized in the January 1981 search of                 
          Kersting’s office that became the subject of this Court’s opinion           
          in Dixon v. Commissioner, 90 T.C. 237 (1988) (Dixon I).  See                
          supra note 2.  About the same time, McWade and Sims began to                
          offer 20-percent reduction settlements that were based on the               
          same general approach as their modified 7-percent reduction                 
          settlement offer that included the burnout feature.                         
               In December 1986, DeCastro traveled to Hawaii on behalf of             
          the Thompsons and a number of other clients who had participated            
          in the Kersting shelters.  There DeCastro, accompanied by Gary              
          Poltash (Poltash), the Thompsons’ new accountant, who was not               
          associated with Kersting, began settlement discussions with                 
          McWade.  Their initial agreement called for a reduction in the              
          Thompsons’ 1979-1981 deficiencies of approximately 18.8 percent.            
          The settlement also provided for the elimination of all additions           





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