Estate of Theodore C. Chemodurow, Deceased, Gail C. Williams, Executor - Page 26




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          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.                                  




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