Jerry and Patricia A. Dixon, et al. - Page 135

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          we would not be applying the equivalent of the Thompsons’ 1979-             
          1981 settlement; instead we would be applying essentially the               
          same 20-percent reduction settlement that McWade extended to                
          other taxpayers, including other clients of Chicoine and Hallett            
          and DeCastro, the monetary benefit of which respondent would have           
          been content to allow the Thompsons to retain.  We believe the              
          modest deficiency reduction percentage urged by respondent would            
          not provide an appropriate sanction for misconduct that the Court           
          of Appeals has held to be a fraud on this Court.  To adopt                  
          respondent’s view would be to ignore the financial terms and                
          effects of the final settlement that was sweetened for the                  
          illicit purpose of creating the fund from which DeCastro’s trial            
          fees could be paid.                                                         
               We conclude that the Court of Appeals intended that the                
          Thompsons’ “secret agreement” with respect to 1979-1981, to the             
          extent it reflected the reduction of deficiencies to $30,000 for            
          those years, is to be applied as a reduction of 62.17 percent in            
          the Kersting deficiencies of the affected taxpayers, rather than            
          the 20-percent reduction urged by respondent, or some                       
          intermediate percentage based upon the actual or expected amounts           
          of the refunds to be retained by the Thompsons after payment of             
          DeCastro’s fees.  See supra note 51.  In terms of the “settlement           
          fraction” discussed above, we begin with a numerator of $30,000             
          (the total 1979-1981 tax deficiency the Thompsons paid) and a               






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