Barbara E. Seaman - Page 2




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          partial summary judgment (respondent’s motion).2  We shall deny             
          petitioner’s motion, we shall grant respondent’s motion, and we             
          shall, sua sponte, grant summary judgment for respondent on the             
          second of the two issues raised in petitioner’s motion.                     
                                     Background                                       
               The record establishes and/or the parties do not dispute the           
          following.                                                                  
               Petitioner resided in Alexandria, Virginia, at the time she            
          filed the petition in this case.                                            
               Petitioner and her former husband, Thomas Martin Seaman (Mr.           
          Seaman), married on or about April 26, 1960.                                
               During 1964, petitioner purchased a life insurance policy              
          (Prudential policy) on her life from The Prudential Insurance               
          Company of America (Prudential) that was in force at least                  
          throughout 2003, the year at issue in this case.  The Prudential            
          policy provides in pertinent part:                                          




               1(...continued)                                                        
          on two issues and notes that respondent concedes a third issue.             
          See infra note 2.                                                           
               2In respondent’s motion, respondent seeks summary judgment             
          on the first, but not the second, of the two issues raised in               
          petitioner’s motion and concedes a third issue arising from one             
          of the determinations that respondent made in the notice of                 
          deficiency (notice) that respondent issued to petitioner for her            
          taxable year 2003.  Thus, that third issue is resolved by respon-           
          dent’s concession, and not by summary adjudication by the Court.            






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