- 21 - 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 stockPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011