Estate of Frank Armstrong, Jr., Deceased, Frank Armstrong III, Executor - Page 4




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                                     Background                                       
               In a memorandum of law in support of its objection to                  
          respondent’s motion for partial summary judgment, the estate                
          states that it agrees, with limited exceptions, to the statement            
          of facts contained in respondent’s memorandum of law in support             
          of the motion for partial summary judgment.  The following                  
          factual summary is based on the undisputed portions of                      
          respondent’s statement of facts, the parties’ stipulations, the             
          estate’s admissions, the pleadings, and an affidavit produced by            
          respondent with accompanying documents, to which the estate has             
          not objected.  This factual summary is set forth solely for                 
          purposes of deciding the motion for partial summary judgment; it            
          does not constitute findings of fact.  See Sundstrand Corp. v.              
          Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th               
          Cir. 1994).                                                                 
          Decedent                                                                    
               Decedent was president and primary stockholder of National             
          Fruit Product Co., Inc. (National Fruit), a closely held Virginia           
          corporation engaged in the manufacture of applesauce, apple                 
          juice, and other fruit products.  On July 29, 1993, decedent                
          died.  His domicile at death was in Winchester, Virginia.  When             
          the petition was filed, the executor’s legal residence was in               
          Winchester, Virginia.                                                       








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