- 10 - J. Nathan, and Ronald Mamrosh. The complaint alleged breach of contract and negligence relating to the accountants’ preparation of the 1989 and 1990 tax returns of Mary Catherine and the Pierces. The suit was settled on January 28, 1999, for $900,000. Richard Weinstein, attorney for the plaintiffs, received $135,000 as his fee, and $1,217.87 was paid as costs to the arbitrator/ mediator. In a signed agreement, Sethco was assigned the potential proceeds of litigation in return for paying litigation costs. The net proceeds of $763,782.13 were paid to Sethco pursuant to the assignment agreement. OPINION The primary issue we consider is whether petitioner is eligible for relief from joint and several liability. Section 6015(b)(1) provides for spousal relief from joint and several liability if the following requirements are met: (A) a joint return has been made for a taxable year; (B) on such return there is an understatement of tax attributable to erroneous items of 1 individual filing the joint return; (C) the other individual filing the joint return establishes that in signing the return he or she did not know, and had no reason to know, that there was such understatement; (D) taking into account all the facts and circumstances, it is inequitable to hold the other individual liable for the deficiency in tax for such taxable year attributable to such understatement; andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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