Estate of Kwang Lee, Deceased, Anthony J. Frese, Executor - Page 5




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          Commissioner, 90 T.C. 678, 681 (1988).  Summary judgment may be             
          granted with respect to all or any part of the legal issues in              
          controversy “if the pleadings, answers to interrogatories,                  
          depositions, admissions, and any other acceptable materials,                
          together with the affidavits, if any, show that there is no                 
          genuine issue as to any material fact and that a decision may be            
          rendered as a matter of law.”  Rule 121(a) and (b); Sundstrand              
          Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965           
          (7th Cir. 1994).  The moving party bears the burden of proving              
          that there is no genuine issue of material fact, and factual                
          inferences are drawn in a manner most favorable to the party                
          opposing summary judgment.  Dahlstrom v. Commissioner, 85 T.C.              
          812, 821 (1985); Jacklin v. Commissioner, 79 T.C. 340, 344                  
          (1982).  Petitioner has raised no genuine issue as to any                   
          material fact.  Accordingly, we conclude that this case is ripe             
          for partial summary judgment.                                               
          B.   Marital Deduction                                                      
               Deductions are strictly a matter of legislative grace, and             
          petitioner must show that the claimed deduction is allowed by the           
          Code.  INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992).               
          Petitioner argues that decedent intended that Ms. Lee be deemed             
          to have survived him were he to die within 6 months after her.              
          Petitioner argues that this intent establishes the ordering of              








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