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Respondent seeks summary judgment upon the following issues: (1)
Whether gift taxes of $4,680,284 paid by or on behalf of Frank
Armstrong, Jr. (decedent), on gifts made within 3 years of his
death are includable in his gross estate; (2) whether decedent
received partial consideration for the gifts so as to reduce the
gifts’ value and consequently the gift taxes includable in
decedent’s gross estate; (3) whether section 2035(c) violates the
Due Process Clause of the Fifth Amendment of the U.S.
Constitution; (4) whether section 2035(c) violates the equal
protection requirements of the Fourteenth Amendment, as embodied
in the Fifth Amendment; and (5) whether the estate may deduct
under section 2055 Federal gift taxes paid on gifts that decedent
made in 1991 and 1992. As discussed in detail below, we will
grant respondent’s motion.
Summary judgment may be granted under Rule 121(b) if the
moving party shows there is no dispute as to any material fact
and that a decision may be rendered as a matter of law; however,
the factual materials and inferences to be drawn from them must
be viewed most favorably for the party opposing the motion, who
“cannot rest upon mere allegations or denials, but must set forth
specific facts showing there is a genuine issue for trial.”
Brotman v. Commissioner, 105 T.C. 141, 142 (1995).
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