- 12 - 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 penaltyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011