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Filed - Supreme Court of Texas

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appeals he will owe a portion <strong>of</strong> that, he should include some portion <strong>of</strong><br />

that judgment on his net worth statement. 27<br />

<br />

A contingent liability becomes an actual liability when there is no chance<br />

it will go away. 28<br />

On cross examination, Melton testified that:<br />

<br />

He practiced accountancy from 2004 to 2008, primarily in the preparation<br />

<strong>of</strong> tax returns. 29<br />

<br />

He has practiced law for three and one half years and has not practiced<br />

accountancy during that period. 30<br />

<br />

He was not familiar with the Dallas <strong>Court</strong> <strong>of</strong> Appeals’ Anderton decision<br />

before being retained by the McCulloughs. 31<br />

Under GAAP, there are three choices for liability: (1) probable, (2)<br />

reasonably possible, and (3) remote. 32<br />

o “Probable” means likely to occur, and “accrue” means put the<br />

number in the calculation <strong>of</strong> net worth. 33 What is probable and<br />

what is not is a gray area. 34<br />

o “Reasonably possible” means “the chance <strong>of</strong> the future event or<br />

events occurring is more than remote but less than likely, “ and if a<br />

27 RR, Vol. 5 <strong>of</strong> 6, p. 21.<br />

28 RR, Vol. 5 <strong>of</strong> 6, p. 24.<br />

29 RR, Vol. 5 <strong>of</strong> 6, p. 25-26.<br />

30 RR, Vol. 5 <strong>of</strong> 6, p. 25-26.<br />

31 RR, Vol. 5 <strong>of</strong> 6, p. 29.<br />

32 RR, Vol. 5 <strong>of</strong> 6, p. 36.<br />

33 RR, Vol. 5 <strong>of</strong> 6, p. 35.<br />

34 RR, Vol. 5 <strong>of</strong> 6, p. 37.<br />

APPELLEES’ RESPONSE TO MOTION TO REVIEW ORDER ON SUPERSEDEAS BOND – Page 12

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