Estate of Keith L. Gurr - Page 12




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          at trial as a "credit").  She did not want to sign the return and           
          only signed because her attorney recommended that she do so.  The           
          lawyer's recommendation was based solely on his belief that, if             
          petitioner signed the return, because of the "credits", she would           
          "never have to pay any income tax for the rest of her life".  Not           
          satisfied with that recommendation and requesting a more specific           
          explanation, the attorney's reply was "What difference does it              
          make?  You've got credits, and just sign it."  Petitioner signed            
          the return and admitted at trial that she was not comfortable               
          with the explanation and recommendation of her attorney with                
          regard to the claimed "credits" on the returns.  Petitioner also            
          acknowledged knowing that her attorney was not knowledgeable in             
          tax law; however, she made no attempt to ascertain from other               
          sources the merits of the claimed net operating loss carryover.             
               Petitioner's daughter cast further light on the                        
          circumstances surrounding her mother's signing of the 1993                  
          return.  Following is a portion of her testimony on direct                  
          examination:                                                                

                    Q     So, Darla, just moving back to just the signing             
               of this '93 tax return, when you went into the office with             
               your mother, did she ask the attorney about anything on that           
               tax return --                                                          
                    A     Honestly, --                                                
                    Q     –- before she signed it?                                    







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