- 57 -
The Court then invited either party to examine Scott and
Tupitza inquired of him:
TUPITZA Are you in fact paid by the law firm of
Tupitza and Marinelli?
(SCOTT) Yes, I am.
TUPITZA And do you in fact expect to get a 1099
for all that you're paid from the firm?
(SCOTT) Yes, I do. In fact, if I didn't get a
1099 I would complain to you.[17]
The following is a summary of Exhibit 47:
Hours Charges
Scott 760.70 $115,535.00
Tupitza 302.10 67,437.50
$182,972.50
Ericsson (Attorney) 16.20 2,025.00
Paralegal 25.00 1,500.00
3,525.00
Projected Trial Time:
Scott 10:00 1,500.00
Tupitza 10:00 2,250.00
3,750.00
Additional charges 2,756.93
$193,004.43
17 When Scott was questioning Tupitza on direct
examination, Scott asked: "What year did you first pay fees to
Mr. Scott? And Tupitza answered: "I think the first fees I
actually paid to Mr. Scott or remitted to Mr. Scott were probably
in 1994."
We note that from the first billing date on Exhibit 17-Q,
August 20, 1990, (Scott billed $2,187.50 for 12-1/2 hours to
"Organize file for Tax Court") until December 6, 1994, when the
estate, during trial, allegedly paid the Tupitza law firm
$188,000, the estate had only paid the law firm a total of
$8,100.
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