Alice Berger, et al. - Page 32

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          court's judgment.  The Chancery Court's Judgment for Divorce,               
          entered April 24, 1989, recited that, based upon the court's                
          observations and the parties' testimony, the settlement agreement           
          had been voluntarily and knowingly entered into by the parties              
          with able assistance of counsel.  The judgment also stated that             
          the settlement agreement had become binding as a contract and as            
          the court's judgment.                                                       
               Although Alice Berger received various benefits under the              
          settlement agreement, she did not sign the joint 1988 Federal               
          income tax return prepared for Howard Berger until, subsequent to           
          his application, the Chancery Court ordered her, on October 4,              
          1989, to show cause why an order should not be entered directing            
          her to sign it.  On October 12, 1989, she appeared with her                 
          counsel before the Chancery Court and tried but was not able to             
          persuade the Chancery Court that she should not have to sign the            
          return.  Then, in the belief that the Chancery Court had ordered            
          her to sign the return, she signed it at the courthouse.                    
          However, she attached to the return a statement that she was                
          signing a return that she believed to be incorrect and that she             
          intended to seek relief under Furnish v. Commissioner, 262 F.2d             
          727, 733 (9th Cir. 1958), affg. in part and remanding in part on            
          this issue Funk v. Commissioner, 29 T.C. 279 (1957), and under              
          Brown v. Commissioner, 51 T.C. 116 (1968).  She now argues that             
          the return is not a valid joint return because she signed it                
          under duress.                                                               




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