- 13 - ownership occurred on January 1, 1987, are also contrary to fact, having been vitiated by their later oral stipulation concerning the backdating of the writing on Mr. Riopelle’s stock certificate. See Cal-Me. Foods, Inc. v. Commissioner, 93 T.C. 181, 195 (1989); Jasionowski v. Commissioner, 66 T.C. 312, 318 (1976) (Tax Court may disregard stipulation clearly contrary to evidence in record). Purported Transfer of Capital Fund Shares to Landtrak Petitioners further contend that when Mrs. Comey acquired Landtrak’s stock on January 1, 1987, she also transferred her Capital Fund shares to Landtrak as a contribution to capital. Once again, aspects of the record appear to support petitioners’ contentions. The record contains a copy of a document titled “Assignment Separate from Certificate” signed by Mrs. Comey. This document purports to transfer 2,919 Capital Fund shares to Landtrak and is dated January 1, 1987.4 The record also contains copies of some notations, in Mrs. Comey’s handwriting, that refer to Capital Fund shares and to the date January 1, 1987. 4 We note that 4,710 Capital Fund shares were sold in 1991. Although petitioners did not specifically address the issue, we understand them to argue that reinvested dividends account for the difference between the 2,919 shares purportedly transferred to Landtrak in 1987 and the 4,710 shares sold in 1991.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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