Estate of Frances C. Glover, a.k.a. Frances C. Cloud, Deceased, Kevin Holleran and Wilmington Trust Co., Administrators Pro Tem - Page 31




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          determined from all the facts and circumstances of the case.                
          Factors to be considered include the details surrounding the                
          litigation in the underlying proceeding, the allegations contained          
          in the payee’s complaint and amended complaint in the underlying            
          proceeding, and the arguments made in the underlying proceeding by          
          each party.  See, e.g., Estate of Morgan v. Commissioner, 332 F.2d          
          144, 150-151 (5th Cir. 1964), affg. in part and revg. in part 37            
          T.C. 31 (1961);  Threlkeld v. Commissioner, 87 T.C. 1294, 1306              
          (1986), affd. 848 F.2d 81 (6th Cir. 1988); Bent v. Commissioner, 87         
          T.C. 236, 245 (1986), affd. 835 F.2d 67 (3d Cir. 1987).  No single          
          factor is determinative; rather, in a given case, a factor may be           
          ignored or be deemed persuasive.  Threlkeld v. Commissioner, supra          
          at 1306.                                                                    
               With these principles in mind, we analyze the Eckell, Sparks           
          settlement agreement.                                                       
               First, we are mindful that respondent was not a party to the           
          lawsuit that resulted in the order of the Orphans’ Court requiring          
          Eckell, Sparks to return the $247,500 in attorney’s fees it                 
          received from the estate.  Therefore, res judicata or collateral            
          estoppel does not apply.  Commissioner v. Estate of Bosch, 387 U.S.         
          456, 463 (1967).  Second, the decision of the Orphans’ Court                
          requiring Eckell, Sparks to return the fees is not the decision of          
          the State’s highest court.  Consequently, the Orphans’ Court’s              
          determination of Pennsylvania law is not per se conclusive for              






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