J. David Golub - Page 21




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               Petitioner has not shown that Kidder Peabody exercised any              
          unauthorized dominion and control over his account by refusing to            
          terminate it earlier.  Petitioner misrepresented the facts in a              
          letter to the Office of the Attorney General of New York, when he            
          stated:  “In my letter of May 12, 1987, I told them [Kidder                  
          Peabody] that I desired to liquidate the account.”  In that                  
          letter, however, petitioner only complained that he had been                 
          placed in “a situation where you [Kidder Peabody] tie my hands               
          and force liquidation”.  Petitioner did not indicate any intent              
          to liquidate his account; instead he merely sought “a meeting                
          with you and whoever else at KIDDER, PEABODY has the authority to            
          make the necessary adjustments to correct the wrongs.”                       
          Petitioner also alleges that he tried to terminate his account               
          orally before 1991.  He offers no substantiation for these                   
          claims, however, and we have no more reason to believe them than             
          we believe his misrepresentations in the letter he sent to the               
          attorney general of New York.                                                
               B.  The Open Transaction Claim                                          
               Petitioner fares no better with his contention that he                  
          received the income at issue in an “open transaction” which,                 
          presumably because of his litigation against Kidder Peabody, is              
          too indefinite to be the subject of taxation in 1991.  In rare               
          and exceptional circumstances, when the fair market value of                 
          property received by a stockholder in exchange for his stock                 





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