Mary Catherine Pierce - Page 10

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          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; and                  







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