- 9 - petitioner to demonstrate its financial ability to pay under the applicable margin rules. The $16,866,571 was transferred back to petitioner that same day at 1:39 p.m. Pursuant to the regular settlement rules, the resale cross- trades were settled between petitioner and Gallagher on September 21, 1992. The total selling price credited to petitioner's account with Bear Stearns was $868,412,129 (before commissions and fees). Expenses incurred by petitioner with respect to the purchase and resale trades included: SEC fees of $28,947, interest of $457,846, a margin writeoff of $37, and commissions of $998,929. Petitioner had originally agreed to pay Twenty-First commissions of $1,000,000, but Twenty-First adjusted its commissions by $1,070.55 to offset computational errors in calculating some of the purchase trades. Due to the different settlement dates, petitioner was the shareholder of record of 10 million Royal Dutch ADR's on the dividend record date and was therefore entitled to a dividend of $22,545,800. On October 2, 1992, Royal Dutch paid the declared dividend to shareholders of record as of September 18, 1992, including petitioner. Contemporaneously with the dividend, a corresponding payment was made to the Netherlands Government representing withholding amounts for dividends paid to U.S. residents within the meaning of the United States-Netherlands Tax Treaty, Convention With Respect to Taxes on Income and CertainPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011