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various medical complications and were required to take
various prescription and other medications.
Petitioners never claimed to Driver that the monthly
cost of these complications and medications exceeded
their reported monthly health care costs.
4 These attorney fees are apparently related to
this litigation.
By way of a letter dated October 18, 2004, Driver notified
petitioners that she had scheduled their hearing (requested by
petitioners as a telephonic hearing) for November 18, 2004. The
letter also stated that Driver had learned from third parties
that petitioners apparently owned certain assets which were not
reported on their Form 433-A, specifically, an IRA valued at
$54,405 with Indianapolis Life Insurance Company (Indianapolis
Life); two lots of real estate sited in Apache County, Arizona;
and one lot of real estate sited in Pima County, Arizona. In
reply to the letter’s request that petitioners explain why the
referenced assets were not included on the Form 433-A,
petitioners, on October 28, 2004, acknowledged that they owned
the IRA with Indianapolis Life and the lots of real estate and
that they had left those assets off of their Form 433-A.
Petitioners stated in the letter that the IRA had been overlooked
in preparing the Form 433-A. Petitioners stated in the letter
that they had forgotten about the three unreported lots which,
they stated, were worthless.
On November 18, 2004, Driver held the scheduled hearing with
petitioners’ counsel. At that time, Smith and his wife were 68
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