Estate of Marie S. Hubberd, Deceased, John B. McNamara, Jr., and Clayborne L. Nettleship, Co-Independent Executors - Page 6

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          genuine issue as to any 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); Zaentz v. Commissioner, 90 T.C. 753, 754 (1988);                
          Naftel v. Commissioner, 85 T.C. 527, 529 (1985).  The moving                
          party bears the burden of proving that there is no genuine issue            
          of material fact, and factual inferences will be read in a manner           
          most favorable to the party opposing summary judgment.  Dahlstrom           
          v. Commissioner, 85 T.C. 812, 821 (1985); Jacklin v.                        
          Commissioner, 79 T.C. 340, 344 (1982).                                      
               The Federal estate tax imposes a tax on the transfer of the            
          taxable estate of every decedent who is a citizen or resident of            
          the United States.  Sec. 2001; United States Trust Co. v.                   
          Helvering, 307 U.S. 57, 60 (1939).  Section 2051 defines the                
          taxable estate as the gross estate less deductions.  Section 2031           
          provides that the gross estate generally comprises all of the               
          decedent's property, real or personal, tangible or intangible,              
          wherever situated.                                                          
               Section 2033 states in very broad terms:  "The value of the            
          gross estate shall include the value of all property to the                 
          extent of the interest therein of the decedent at the time of his           
          death."  For property to be included in the gross estate pursuant           
          to section 2033, the decedent must have a beneficial interest in            
          the property.  Sec. 20.2033-1(a), Estate Tax Regs.  Thus, the               

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