Carol M. Read, et al. - Page 3




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               meaning of the phrase “on behalf of” in Q&A-9, W's                     
               transfer of her X stock to X was a transfer of property                
               by W to a third party on behalf of H within the meaning                
               of that temporary regulation.  Held, further, pursuant                 
               to sec. 1041(a), I.R.C., no gain shall be recognized by                
               W as a result of that transfer.                                        


               Mark A. Brown, for petitioner in docket No. 19001-97.                  
               Karen E. Lewis and D. Michael O'Leary, for petitioners in              
          docket Nos. 19322-97 and 19328-97.                                          
               Robert W. Dillard, for respondent.                                     


                                       OPINION                                        

               CHIECHI, Judge:  These cases are before us on cross-motions            
          for partial summary judgment filed by Carol M. Read (Ms. Read)              
          and by William A. Read (Mr. Read) and Mulberry Motor Parts, Inc.            
          (MMP).2  (We shall refer to the motion for partial summary judg-            
          ment filed by Ms. Read as Ms. Read's motion, to the motion for              
          partial summary judgment filed by Mr. Read and MMP as Mr. Read's            
          and MMP's motion, and collectively to those two motions as the              
          cross-motions for partial summary judgment.)                                
               A partial summary adjudication may be made that does not               

               2Ms. Read incorrectly characterized her motion as a motion             
          for summary judgment.  However, in addition to the determination            
          in the notice of deficiency (notice) issued to Ms. Read that we             
          address in this Opinion, respondent made two other determinations           
          in that notice, one of which respondent conceded and the other of           
          which is computational.  Consequently, we have recharacterized              
          Ms. Read's motion as a motion for partial summary judgment.                 





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