Estate of Arthur C. Edwards, Deceased, Kenneth Edwards, Edward Edwards and James Edwards, As Trustees of the Arthur C. Edwards Settlement Trust, Personal Representative - Page 3

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          material fact and that a decision may be rendered as a matter of            
          law."  Rule 121(b); Sundstrand Corp. v. Commissioner, 98 T.C.               
          518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994).  The moving             
          party bears the burden of proving that there is no genuine issue            
          of material fact and that a decision may be rendered as a matter            
          of law.  Celotex Corp. v. Catrett, 477 U.S. 317, 322-323 (1986);            
          Preece v. Commissioner, 95 T.C. 594, 597 (1990).                            
               The facts presented below are stated solely for the purpose            
          of deciding petitioner's motion for summary judgment.                       
          Background                                                                  
               Some of the facts have been stipulated by the parties.  The            
          stipulation of facts and the attached exhibits are incorporated             
          herein by this reference.  A hearing on petitioner's motion for             
          summary judgment was held on June 16, 1997, in Washington, D.C.             
               The decedent died on November 6, 1988.  He was a resident of           
          California at that time.                                                    
               Decedent was survived by his three children and his former             
          wife, Ann Goss.  Decedent married Ann Goss in 1927, and they                
          resided in California at all times during the marriage.  Decedent           
          and Ann Goss separated in 1967, and formal divorce proceedings              
          commenced on September 11, 1969.  At the time of the divorce                
          proceedings, decedent and Ann Goss jointly owned 61.6 percent of            
          the stock in Dunn-Edwards Corporation (the Company) and 40                  
          percent of the stock in Highland Properties, Inc. (Highland                 
          Properties).                                                                




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