- 62 - 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 additionalPage: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
Last modified: May 25, 2011