- 86 - 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.Page: Previous 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 Next
Last modified: May 25, 2011