-15- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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