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nonqualified deferred compensation plan subject to section 404,
or a welfare benefit fund under section 419(e). Another
adjustment set forth in the notice of deficiency pertained to
whether the Kruse P.C. Money Purchase Pension Plan and Trust is a
qualified pension plan exempt from tax under section 501(a).
On August 11, 1995, petitioners filed a timely petition in
this case. Subsequently, lawyers of the law firm of Abel, Band,
Russell, Collier, Pitchford & Gordon (the law firm) were retained
to represent petitioners in this matter. Petitioners submitted
affidavits which state in part:
2. [We] retained the law firm * * * (through the SEBA
Employers Plan and Trust) to represent [us] in
connection with this action.
3. Although [we] executed no Letter of
Representation, this Affidavit will serve to
acknowledge that [we were] and still remain liable to
pay * * * [the law firm] all costs and fees incurred,
with regard to their representation of [ourselves], in
this proceeding.
4. [We] have paid $1,633[2] of these fees directly,
through the assessment of [our] SEBA Employers Plan and
Trust Fund in order to fund this action.
5. In the event that the SEBA Plan and Trust did not
or does not pay the Law firm * * * all reasonable fees
and costs incurred in relation to the above referenced
Tax Court case, [we] hereby certify that [we were] and
do remain liable for this amount.
William Gable is the president of the SEBA Plan. All
invoices for services rendered by the law firm in this case have
2
This amount was amended to $2,972 in subsequent
affidavits.
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Last modified: May 25, 2011