Jerry and Patricia A. Dixon, et al. - Page 73

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               Recalling the withdrawal of Seery, Sims was concerned by the           
          potential conflict of interest from Kersting’s paying the fees of           
          the attorney representing the test case petitioners.                        
          Accordingly, he wanted to keep DeCastro in the trial of the test            
          cases as an independent attorney, paid by the taxpayer, to                  
          provide an apparent safeguard against the trial appearing to be             
          slanted toward protecting the promoter’s (as opposed to                     
          petitioners’) interest.                                                     
               McWade and DeCastro also apparently discussed the status of            
          an outstanding Federal tax lien on the Thompsons’ house                     
          (unrelated to their participation in Kersting shelters), which              
          the IRS had yet to remove more than a year after the Thompsons              
          had satisfied the underlying liability.17  On November 22, 1988,            
          respondent issued a certificate of release with respect to the              
          Federal tax lien on the Thompsons’ house.                                   
               Shortly before trial of the test cases in this Court in                
          January 1989, McWade and DeCastro reached an oral agreement (the            
          new agreement) calling for reduced amounts of agreed deficiencies           
          for 1979-1981 of zero, $15,000, and $15,000, respectively.  The             
          purpose of the reductions was to compensate the Thompsons for the           
          cost of having an attorney represent them at the trial of the               


          17Under sec. 6325(a)(1), the IRS was required to release the                
          lien not later than Oct. 7, 1987, 30 days after the liability had           
          been satisfied.                                                             




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