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petition in this case. Mr. Mercer's fee was paid by the Company
and the payment charged as compensation to Mr. Thompson.
Moreover, the company advanced other litigation costs in an
unspecified amount and charged them as compensation to Mr.
Thompson. The only evidence in this record that petitioner paid
any of the fees and costs in this case is her February 1, 1995,
check to Mr. Thompson in the amount of $67,371 that bears the
notation "Reimburse Legal Exp." As demonstrated by the date,
February 1, 1995, the check was written after the Court's order
requesting stipulated facts concerning whether petitioner had
paid or incurred fees and costs. We also note that the check is
dated 2 days after the sworn affidavit dated January 30, 1995, in
which petitioner stated that, to the best of her knowledge and
belief, she had incurred and "paid" attorney's fees and costs of
$67,371.
The date of petitioner's check is not its only questionable
characteristic. Petitioner submitted a summary of assets as of
the end of the year 1993 attached to her affidavit of May 19,
1994. An examination of the summary of assets fails to reveal
any apparent source of liquid funds10 from which petitioner could
write a check for $67,371 to Mr. Thompson. Since petitioner is
not employed and most of her assets have come from Mr. Thompson,
we are reluctant to place much weight on her check to him as
10Petitioner has not stated that she converted any of her
other assets into cash.
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