Estate of Vera M. McFarland, Deceased, Jo Meldrim, Personal Representative - Page 6

                                        - 6 -                                         
          there is no genuine issue as to any material fact and that a                
          decision may be rendered as a matter of law."  Id. par. (b).                
               Because summary judgment adjudicates an issue without the              
          benefit of a trial, the Court grants such a remedy cautiously and           
          sparingly, and only after carefully ascertaining that the moving            
          party has met the requisite criteria.  Associated Press v. United           
          States, 326 U.S. 1, 6 (1945); Espinoza v. Commissioner, 78 T.C.             
          412, 416 (1982).  The Court will not resolve disagreements over             
          material factual issues in a summary judgment proceeding.                   
          Espinoza v. Commissioner, supra at 416; Matson Navigation Co. v.            
          Commissioner, 67 T.C. 938, 951 (1977).  A fact is material if it            
          "tends to resolve any of the issues that have been properly                 
          raised by the parties."  10A Wright et al., Federal Practice and            
          Procedure:  Civil, sec. 2725, at 93 (2d ed. 1983).  The moving              
          party must prove that there is no genuine issue of material fact,           
          and factual inferences are viewed in the light most favorable to            
          the nonmoving party.  United States v. Diebold, Inc., 369 U.S.              
          654, 655 (1962); Kroh v. Commissioner, supra at 390; Preece v.              
          Commissioner, 95 T.C. 594, 597 (1990).                                      
               This case is not ripe for summary judgment.  The parties               
          dispute the fair market value of Decedent's partnership interest.           
          The resolution of such a dispute is a question of fact, and the             
          trier of fact has the duty to weigh all relevant evidence of                
          value.  Commissioner v. Scottish Am. Inv. Co., 323 U.S. 119,                
          123-125 (1944); Helvering v. National Grocery Co., 304 U.S. 282,            




Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011