Nathanael Roman - Page 23

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          capital losses of $147 and $640 on the respective sales of the              
          Daisy stock and the Gibraltar stock.  At trial, petitioner                  
          presented the Vanguard statements and the Vanguard 1099 for 1989,           
          the year in which the Daisy stock and the Gibraltar stock were              
          sold.  Those documents show that at least during the last quarter           
          of 1987 to April 27, 1989, those stocks were held in an account             
          at Vanguard by Nathanael Roman as custodian for his son Matthew             
          Roman under the UGMA of New Mexico.  The Social Security number             
          listed on the Vanguard statements and the Vanguard 1099 for the             
          Vanguard account was 525-53-6344.  Petitioner's Social Security             
          number is 123-32-4215.  The Vanguard 1099 indicated that on April           
          27, 1989, Nathanael Roman as custodian for Matthew Roman under              
          the UGMA of New Mexico sold the Daisy stock and the Gibraltar               
          stock.  No evidence was offered at trial to contradict the                  
          Vanguard statements and the Vanguard 1099, although we note that,           
          pursuant to the UGMA of New Mexico, petitioner should have                  
          delivered the Daisy stock and the Gibraltar stock to his son when           
          he became 18 on December 3, 1987.  See N.M. Stat. Ann. sec. 46-7-           
          4(D) (Michie 1978) (repealed July 1989).                                    
               Under New Mexico law in effect during all relevant times, "A           
          gift made in a manner prescribed in the Uniform Gifts to Minors             
          Act * * * is irrevocable and conveys to the minor indefeasibly              
          vested legal title to the security".  N.M. Stat. Ann. sec. 46-7-            
          3(A) (Michie 1978) (repealed July 1989).  A transfer under the              
          UGMA properly made under State law is effective to transfer the             




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