- 32 - 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.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011