- 4 - WalMart Charge or SEC Fees Handling Gross Price Shares Mark-up 69,200 $8,515.06 $69.20 $2.35 $2,076,000 10,500 $1,292.35 $10.59 $ 317,625 20,300 $2,497.92 $20.39 $ 611,537 Merrill Lynch sold 69,200 shares at 30; 10,500 at 30-1/4; and 20,300 at 30-1/8. Merrill Lynch used the proceeds from the January 3, 1989, sales to pay off most of petitioners' margin indebtedness. A sale of 3,400 shares of Walmart (sales were always made in multiples of 100) at 30-1/4 (the highest price received for WalMart shares on January 3) would have grossed $102,850 and netted approximately $102,426 to reduce petitioners' margin debt. During subsequent attempts to resolve the dispute, Merrill Lynch, in order to accommodate petitioner, offered to "repurchase" WalMart stock "in excess of 10,500" (as stipulated by the parties), and offered a refund of the commission on the January 3 sales and to waive the commission on the "repurchase". Petitioner rejected the offer on about January 17, 1989, in a letter to Merrill Lynch's Little Rock, Arkansas, manager. Petitioner closed account no. 567-96135 on or about March 15, 1989, by having Merrill Lynch retransfer the remaining WalMart shares in the account. By December 28, 1989, the price of WalMart had risen to 44- 1/2. On December 28, 1989, petitioner and Merrill Lynch agreedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011