Jerry and Patricia A. Dixon, et al. - Page 109

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          account of respondent’s increased litigation risk resulting from            
          Chicoine and Hallett’s efforts to suppress the evidence                     
          discovered in the IRS raid on Kersting’s office.  Other Kersting            
          petitioner clients of DeCastro and Chicoine and Hallett obtained            
          20-percent reduction settlements from McWade prior to the Court’s           
          1988 opinion in Dixon I, and some other nontest case petitioners            
          thereafter obtained such settlements.  The Thompsons’ payments to           
          the IRS in late 1986 and in 1987 were made to satisfy their                 
          obligations under the approximately 20-percent reduction                    
          settlement arranged by McWade and DeCastro.                                 
               DeCastro thereafter played on the fears of Sims and McWade             
          that he would walk away from the test case trial to extort the              
          additional reduction agreed to in late 1988 and early 1989 that             
          would generate the refunds that were to be used to pay his fees             
          for providing legal representation to the Thompsons at the trial.           
          The new Thompson settlement had no rationale quantifiably related           
          to the hazards of litigation or the merits of the case; it was              
          based on the opportunistic estimates of McWade and Decastro of              
          what was needed to bring about a particular financial result that           
          has little or no congruence with the situation in which the                 
          petitioners before the Court now find themselves.  The fact that            
          the Thompsons had already made the payments required by the                 
          earlier 20-percent reduction settlement provided the fund that              
          was ripening for the taking under the new settlement.  As it                





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