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in January 1989 even though they "repurchased" 96,600 shares of
WalMart in December 1989, and alternatively (2) whether the sale
and "repurchase" of the stock qualifies as an involuntary
conversion under section 1033.1
At the time of the filing of the petition, Richard and Dolores
Hutcheson, petitioners, resided in Fresno, California. References
to petitioner in the singular will be to petitioner husband.
In May 1983, petitioners opened a cash management account,
account no. 567-96135, with the Merrill, Lynch, Pierce, Fenner &
Smith, Inc. (Merrill Lynch) Fort Smith, Arkansas, office.
Account no. 567-96135, managed and controlled by petitioner,
included a margin account. Petitioner delivered WalMart stock to
Merrill Lynch for deposit in the account. At all times, the
account held only WalMart stock. The account executive assigned
to the account was Ms. Ed Dell Wortz, petitioner's maternal
grandmother's niece. She had been with Merrill Lynch in Fort
Smith, Arkansas, since 1980 and had been in the securities
industry since 1955.
Petitioner's total annual sales through the account for 1983
through 1988 are summarized as follows:
1 Unless otherwise indicated, all section references are to
the Internal Revenue Code in effect for the year in issue. All
Rule references are to the Tax Court Rules of Practice and
Procedure.
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