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Missouri, case No. 582034 (collectively Mr. Gans and his related
businesses).
Petitioner and Mr. Gans and his related businesses executed
a written Release and Settlement Agreement on April 5, 1993. A
settlement check of $15,000 (settlement award), payable to
petitioner and her attorney William Moench (Mr. Moench), was
issued pursuant to the Release and Settlement Agreement on June
2, 1993. Petitioner’s attorney’s fees were $6,542.70 ($5,000
plus $1,542.70 costs). Petitioner received two checks from Mr.
Moench’s client trust account, dated June 17, 1993, of $3,728.65
and $4,728.65. The first check payable to petitioner was
earmarked for “Steve Anderson interest in Gans settlement” and
allegedly paid to Mr. Anderson.
Previously, on March 2, 1989, petitioner filed a petition
for dissolution of her marriage to Mr. Anderson, in the Circuit
Court of the Sixth Judicial District of Macon County, Illinois.
Petitioner’s Judgment of Dissolution of Marriage (dissolution
judgment) was issued on February 7, 1990.
Petitioner filed her 1993 Federal income tax return on
October 17, 1994. The settlement proceeds were not reported
thereon, nor were corresponding deductions claimed for attorney’s
fees and costs or payments to Mr. Anderson. An amended income
tax return, Form 1040X, was allegedly prepared and signed by the
return preparer and petitioner on or about December 27, 1997.
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