Estate of Marie S. Hubberd, Deceased, John B. McNamara, Jr., and Clayborne L. Nettleship, Co-Independent Executors - Page 2

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          death, if deemed to be a voidable transfer, would be includable             
          in the gross estate for purposes of the Federal estate tax.1  As            
          explained in greater detail below, we shall deny petitioner's               
          Motion for Partial Summary Judgment.                                        
               Marie S. Hubberd (decedent) owned a 1-percent general                  
          partner interest and 89-percent limited partner interest in a               
          partnership known as Chapote Y Las Joberas, Ltd. (Chapote).                 
          Between 1989 and 1993, decedent's agent and attorney in fact,               
          Blackstone Dilworth, Jr. (Dilworth) transferred decedent's 89-              
          percent limited partnership interest in Chapote.  In particular,            
          during 1989 through 1993, Dilworth sold varying percentages of              
          decedent's limited partnership interest in Chapote to six trusts            
          and made gifts of partnership interests valued at $10,000 each to           
          Corinda C. Mueller, Kay S. Nettleship, Nancy W. McNamara, Dorothy           
          W. Abott, Anne C. Callahan, decedent's nieces, and Dan I. Smith,            
          decedent's nephew.  Decedent's nieces and nephew are identified             
          in decedent's last will and testament as the sole beneficiaries             
          of the residue of decedent's estate.                                        

          1  All section references are to the Internal Revenue Code                  
          in effect at the time of the decedent's death.  Except as                   
          otherwise provided, all Rule references are to the Tax Court                
          Rules of Practice and Procedure.                                            
          2  The following is a summary of the relevant facts that do                 
          not appear to be in dispute.  They are stated solely for the                
          purpose of deciding the pending motion, and they are not findings           
          of fact for this case.  See Fed. R. Civ. P. 52(a); Rule 1(a).               

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