- 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
Last modified: May 25, 2011