- 31 - 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 forPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011