Jerry and Patricia A. Dixon, et al. - Page 123

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               The mere fact that the Thompsons received a tax benefit                
               is insufficient to enable the Court to conclude that                   
               the benefit was part of the settlement.  With respect                  
               to each item, it is also necessary to show, or find it                 
               appropriate to assume, that respondent’s counsel played                
               an enabling or facilitating role in procuring or                       
               assuring the benefit to the Thompsons.                                 
          B.        Areas of Agreement                                                
               The parties’ stipulation of settled issues, in addition to             
          delineating the beneficiaries of the Court of Appeals’ mandates,            
          see supra Part I.C., establishes some common ground regarding the           
          relief to which those beneficiaries are entitled:                           
                    3.  The “burnout” element of the Thompson                         
               settlement is as follows:                                              
                    (a) for taxpayers with 2-3 taxable years                          
                         before the court, the first year’s                           
                         deficiencies are shifted forward and                         
                         combined with the deficiencies in the                        
                         second year then reduced in accord with                      
                         the Ninth Circuit’s mandate; and                             
                    (b) for taxpayers with 4 or more taxable                          
                         years before the court, the first year’s                     
                         deficiencies are shifted forward to the                      
                         second year and the second year’s                            
                         deficiencies are shifted forward and                         
                         combined with the deficiencies in the                        
                         third year, after which all deficiencies                     
                         are reduced in accord with the Ninth                         
                         Circuit’s mandate.                                           
                    4.  No petitioner will incur any penalties                        
               stemming from such petitioners’s [sic] Kersting                        
               deficiencies.                                                          










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