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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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