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conduct on the part of Broadcort or its agent was ever
established.
We note that Broadcort and its agent sold 4,500 shares
of Saztec stock from the Steins' account in April 1987,
presumably on Mr. Stein's instructions. We are at a loss
to understand why Broadcort and its agent would follow
Mr. Stein's instructions to sell 4,500 shares of Saztec
stock from the Steins' account but would not follow his
instructions to put 2,000 shares into an account for the
trust. Moreover, if legal title to the subject Saztec
stock had been transferred to the trust, as the tax matters
partner claims, and if Mr. Stein had notified his broker of
that fact before a dispute arose between them, we do not
understand why Mr. Stein would have entered into a
standstill agreement covering all of the stock in his
account, including the trust's 2,000 shares of Saztec,
and would have permitted the Saztec stock to remain in
his personal account in derogation of this instruction.
In sum, we find nothing in the record to corroborate
Mr. Stein's testimony concerning the actions he allegedly
took to complete the transfer of the 2,000 shares of Saztec
stock to the trust or to establish the tax matters
partner's allegation that Broadcort and its agent acted
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