Estate of Kevin J. Lorenz, Deceased, Elizabeth J. Lorenz, Personal Representative and Elizabeth J. Lorenz - Page 12

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            the underpayment.  There is no evidence, much less clear and                                
            convincing evidence, that the parties made a mutual mistake.  All                           
            we have is competing contentions of counsel.  We conclude that                              
            the basis of settlement for fraud should not be reformed based on                           
            mutual mistake.                                                                             
                        b.    Nonsensical Result                                                        
                  Petitioners contend that respondent's interpretation of the                           
            statement of the basis of settlement in the transcript is                                   
            nonsensical because, under respondent's interpretation,                                     
            petitioners did not benefit by having a 20-percent rate apply to                            
            the fraud penalty for Mrs. Lorenz.                                                          
                  Petitioners' contention that the basis of settlement in the                           
            transcript is nonsensical is based on their contention that                                 
            respondent's counsel knew petitioners' financial status.                                    
            Respondent's counsel denied that they knew petitioners' financial                           
            status; petitioners' counsel contends that they did.  There is no                           
            evidence to support petitioners' allegation that respondent's                               
            counsel knew that the estate of Mr. Lorenz had sufficient assets                            
            to pay the fraud penalty on the entire underpayment.                                        
            Petitioners' accountant alleged in a letter to respondent's                                 
            counsel that respondent's counsel should have known that the                                
            estate of Mr. Lorenz had enough assets to pay the fraud penalty                             









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