Jerry and Patricia A. Dixon, et al. - Page 126

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          that funded an additional fee payment to Decastro later in 1993             
          and still left over something that was retained by the Thompsons.           
               Respondent argues that, because none of the other                      
          petitioners (test case or nontest case) incurred attorney’s fees            
          for the test case trial (all such fees were paid by Kersting),              
          those petitioners would receive an economic windfall if we were             
          to use the actual 62-percent reduction in the Thompsons’ 1979-              
          1981 deficiencies as the starting point for our remedy.                     
          Respondent reasons that the 62-percent characterization would               
          provide a benefit to petitioners (the reduction in their proposed           
          deficiencies by an additional 42 percent) that the Thompsons did            
          not enjoy due to their implicit obligation to turn over the bulk            
          of the resulting refunds to DeCastro as payment for legal                   
          services that conferred no discernible benefit to them.                     
          Respondent further argues that the relatively small portion of              
          the refunds of tax and interest ultimately retained by the                  
          Thompsons ($17,224.61 out of $98,449.61) is rendered even more              
          insignificant by the fact that the Thompsons reported almost                
          twice that amount ($33,966.68) as gross interest income received            
          from the IRS in 1993 on which they paid tax.50  In sum,                     
          respondent argues, the sweetener embodied in the final settlement           


          50 Respondent overlooks the fact that the refunds of                        
          $33,966.68 of taxable interest income reported by the Thompsons             
          for 1993 were substantially exceeded by the $51,000 deduction for           
          legal fees claimed by and allowed to them for that year.                    




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