Richard L. Hutcheson and Deloris A. Hutcheson - Page 2

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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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