Robert Ancira - Page 3




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                                      Background                                        
               This case was submitted fully stipulated under Rule 122, and             
          the applicable facts may be summarized as follows.4  During 1998              
          petitioner maintained a self-directed IRA.  Pershing, a division              
          of Donaldson, Lufkin & Jenrette Securities Corp., was the                     
          custodian of the IRA, and Hibernia Investments, L.L.C.                        
          (Hibernia), was the investment adviser.                                       
               Petitioner could request that the funds of the IRA be                    
          invested in specific assets (specific mutual funds, stocks,                   
          etc.).  These requests were typically made by telephone to                    
          Hibernia, and Pershing, as custodian, would then execute the                  
          requests.  In September 1998, petitioner requested that his IRA               
          invest $40,000 in the stock of S.K.  An employee of Hibernia                  
          informed petitioner that although S.K. stock could be held as an              
          asset of the IRA, Pershing would not purchase the stock on behalf             
          of the IRA because the stock was not publicly traded.                         
          Subsequently, petitioner contacted S.K. directly and was informed             
          that its stock was available for purchase directly from S.K.                  
          Petitioner and Hibernia determined that the IRA could invest in               
          S.K. if Pershing issued a check payable directly to S.K.                      
          Hibernia furnished petitioner with a “Distribution Request Form”              
          from Pershing to facilitate the issuance of the check.  The form              


               4  The facts are not in dispute and the issue is primarily               
          one of law.  Sec. 7491, concerning burden of proof, has no                    
          bearing on this case.                                                         




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