- 19 - We have allowed a deduction under section 404(a)(1) where the employer presented credible evidence that the contribution had been transferred to a trust account for the plan. See Busch v. Commissioner, T.C. Memo. 1983-98, affd. 728 F.2d 945 (7th Cir. 1984). At the outset, we note that none of the shares of Saztec stock that were owned by the Steins on April 7, 1987, when they executed the contribution agreement and ratification were ever transferred into the name of the partnership, into the name of the trust, or into Mr. Stein's name as trustee of the trust. In fact, all of the stock in the Steins' Broadcort account, including the Saztec stock, became subject to the standstill agreement between the Steins and Broadcort and/or Steinberg & Lyman, described above, and in April 1991 were sold by Broadcort. Broadcort then retained the proceeds from the sale of that stock, including all of the Saztec stock owned by the Steins, when their account was liquidated, until April 1992 when Broadcort disbursed part or all of the proceeds to Mr. Stein in connection with its settlement of the Steins' lawsuit. Notwithstanding the above, the tax matters partner argues that the partnership contributed the stock to thePage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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