Carol M. Read, et al. - Page 4




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          dispose of all the issues in a case if, inter alia, it is shown             
          that there is no genuine issue as to any material fact with                 
          respect to the question(s) on which partial summary adjudication            
          is sought.  See Rule 121(b).3  We are in agreement with the                 
          parties that there are no genuine issues of material fact and               
          that the facts material to the Court's disposition of the cross-            
          motions for partial summary judgment are set forth in those                 
          paragraphs of the stipulation of facts and those exhibits at-               
          tached to that stipulation, which the Court made part of the                
          record in these cases on November 5, 1998.                                  
               At the time they filed their respective petitions, Ms. Read            
          resided in San Francisco, California, Mr. Read resided in                   
          Lakeland, Florida, and MMP's principal place of business was in             
          Bartow, Florida.                                                            
               In 1985, Ms. Read filed a petition for dissolution of her              
          marriage to Mr. Read (marriage dissolution action) in the Circuit           
          Court of the Tenth Judicial Circuit of the State of Florida, Polk           
          County (Florida court).  At the time she filed that petition, Ms.           
          Read owned 1,200 shares of voting and 12,000 shares of nonvoting,           
          and Mr. Read owned 1,300 shares of voting and 13,000 shares of              
          nonvoting, common stock of MMP, a corporation engaged in the                
          business of selling automobile parts.                                       

               3All Rule references are to the Tax Court Rules of Practice            
          and Procedure.  All section references are to the Internal                  
          Revenue Code in effect for the years at issue.                              





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