- 21 -
heated discussions" with them about why the transfer had
not been made. The tax matters partner argues that the
failure of the broker and/or agent to follow Mr. Stein's
instructions "was not only inconsistent with their
relationship to Mr. Stein, but was fraudulent and probably
bordered on being criminal in nature."
There is nothing in the record to corroborate
Mr. Stein's alleged instructions to his broker. Neither
Mr. Stein, in his individual capacity or in his capacity as
trustee of the trust, nor the partnership issued a written
notification or instructions to the broker. Neither
Mr. Stein nor the partnership ever sent the broker or its
agent a writing to confirm any such oral instructions.
The record contains no confirmation from the broker or its
agent regarding the alleged instructions. Similarly, the
record contains no statement from the broker or its agent
on which the transfer is noted. Significantly, the record
contains no books and records of the trust on which the
transfer is noted. The record contains no valuation of
plan assets on which the transfer is reflected. There is
no mention of this allegedly "fraudulent" or "criminal"
conduct in the Steins' lawsuit against the broker and its
agent, and the lawsuit was settled and no fraud or criminal
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