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ESTATE OF MAGGOS v. COMMISSIONER

Docket No. 20877-93.

74 T.C.M. 691 (1997)

T.C. Memo. 1997-431

Estate of Mary D. Maggos, Deceased, Catherine M. Adkins, Special Administrator v. Commissioner.

United States Tax Court.

Filed September 23, 1997.

Attorney(s) appearing for the Case

Stanley Y. Mukai, Carmen J. SantaMaria, R. John Seibert, Kimberly R. McCorkle, and William C. McCorriston, for the petitioner.1 Henry E. O'Neill, for the respondent.

MEMORANDUM OPINION

LARO, Judge:

Petitioner moves for summary adjudication under Rule 121(a),2 arguing that the Court may enter a decision in its favor as a matter of law. Respondent objects thereto, arguing that the Court must still decide questions of material fact in order to decide this case. We agree with respondent. We will deny petitioner's motion. This case is not ripe for summary adjudication because material facts remain...

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