Jerry and Patricia A. Dixon, et al. - Page 99

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               On March 13, 2000, the Court of Appeals for the Ninth                  
          Circuit affirmed the order of the Hawaii District Court that had            
          imposed almost $3 million in penalties against Kersting for the             
          promotion of abusive tax shelters.  The opinion of the Court of             
          Appeals states:                                                             
                    The district court did not err in finding that                    
               Kersting knew or had reason to know that his statements                
               concerning the allowability of interest were false or                  
               fraudulent.  See 26 U.S.C. � 6700(a)(2); * * *.  The                   
               record indicates that Kersting knew that his tax                       
               shelters were sham transactions in which participants                  
               could write off approximately twelve dollars for every                 
               dollar of actual out-of pocket expenses.  Kersting                     
               himself indicated in a 1977 “comfort letter" to one of                 
               the “nervous nellies” investing in his scheme that                     
               these deductions were not legitimate - Kersting warned                 
               the individual to “be sure this letter does not get                    
               into the wrong hands.  If IRS would become aware of the                
               offsetting character of your note you would likely lose                
               your interest deduction”.                                              
                    Kersting also knew that these fraudulent interest                 
               deductions originating in a prior version of his tax                   
               shelter had been previously disallowed by this Court.                  
               See Pike v. Commissioner, 78 T.C. 822 (1982) (denying                  
               interest deductions to taxpayers participating in                      
               Kersting’s tax shelters because the transactions                       
               conducted by Kersting’s corporations were shams lacking                
               economic substance), affd., 732 F.2d 164 (9th Cir.                     
               1984).  After Pike, Kersting made merely cosmetic                      
               changes to his tax shelter scheme. * * *                               
          Kersting v. United States, 206 F.3d 817, 819 (9th Cir. 2000).               
               On March 31, 2000, this Court issued a supplemental opinion,           
          Dixon v. Commissioner, T.C. Memo. 2000-116 (Dixon IV), awarding             
          petitioners some of the attorney’s fees they sought for services            
          performed in the evidentiary hearing mandated by the Court of               
          Appeals in DuFresne and denying their motions for additional                




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