- 26 - is that it was admitted into evidence in Cause No. 96-109, contrary to petitioner’s claim. The State court’s extensive findings of fact in Cause Nos. 96-60 and 96-109 reveal that Ms. Williams was afforded a full and fair opportunity to present all evidence in support of her various claims. We shall not exercise our discretion to preclude respondent’s claim of estoppel. B. Conclusion Petitioner is precluded from claiming that, prior to decedent’s death, decedent had sold or otherwise transferred the property to Ms. Williams. IV. Summary Judgment As stated, petitioner has raised no factual issue with respect to the assignments of error, other than that, prior to his death, decedent had sold or otherwise transferred the property to Ms. Williams. Petitioner is precluded from making such a showing. Petitioner has not questioned the application of section 2033 or any other provision of the Federal estate tax. Petitioner, therefore, is left with no basis for assigning error to respondent’s determination of a deficiency based on the inclusion of the value of the property in the gross estate. Petitioner’s assignments of error in that regard are, therefore, without merit. We shall grant the motion.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011