- 3 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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