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Background
Some of the facts have been stipulated, and they are so
found. Petitioners resided in Cranston, Rhode Island, at the
time that their petition was filed with the Court.
A. Petitioner and His Background
Petitioner was born on January 3, 1934, and he turned 64 in
1998.
Petitioner obtained a law degree from Boston University Law
School and also obtained a Masters of Law in Taxation in 1960
from the same university. From 1961 through 1965, petitioner
worked as an attorney in the Collection Litigation Division for
the Office of Chief Counsel in Boston, Massachusetts.
Thereafter, petitioner became a sole practitioner practicing
general law in the State of Rhode Island.
In 1980, petitioner was diagnosed with chronic depression
for which he received medical treatment. Petitioner’s medical
condition adversely affected his professional responsibilities
and, therefore, the Rhode Island Supreme Court placed petitioner
on inactive status by order dated September 17, 1992, due to his
“incapacity to continue to practice law”. See Iddings v.
McBurney, 657 A.2d 550, 552 (R.I. 1995).
Thereafter, petitioner was unable to continue in the
practice of law. As a result, petitioner began receiving
payments from the Social Security Administration in 1993, which
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