- 14 - involuntary conversion pursuant to section 1033 is statutory, not defined by the common law. Indeed, it has even been stated that "Congress clearly intended to extend the benefits of section 1033 and its predecessor only to public takings and casualty-like conversions, and the limitation of its benefits to involuntary conversions--i.e., those 'wholly beyond control of the one whose property has been taken'--reflects that intent." Wheeler v. Commissioner, 58 T.C. 459, 463 (1972). In addition to their common-law conversion argument, petitioners treat "seizure", defined by them as "to take by force," as equivalent to theft. Petitioners seek to compare themselves to the taxpayer in Rev. Rul. 66-355, 1966-2 C.B. 302. There, the taxpayer's financial manager pledged shares of the taxpayer's stock to a bank, without the taxpayer's permission, to secure the manager's personal loan. The bank subsequently sold the shares to liquidate the loan. Id. at 302. The ruling holds that the manager's actions amounted to theft for purposes of section 1033. Once again, petitioners' situation is quite different. Despite the settlement between Merrill Lynch and petitioners, Merrill Lynch has never agreed, and petitioners have not demonstrated, that Merrill Lynch was at fault civilly, much less criminally. At most, there was only a mutual mistake of fact between petitioner and Merrill Lynch. Petitioners have failed to establish that an involuntary conversion has occurred. Cf. Hope v. Commissioner, 55 T.C. at 1033-1035.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011