Dan B. Isaac - Page 6




                                        - 5 -                                         
               From this we distill the following.  First, prior to March             
          8, 1996, petitioner owned 100 shares of IBM stock, as evidenced             
          by the fact that he received the March 11, 1996, dividend.                  
          Second, during 1996, petitioner purchased and sold 200 shares of            
          IBM stock.  He, therefore, still owned the same number of shares            
          that he owned prior to March 11, 1996.  Third, during January               
          1997, petitioner purchased 100 shares and sold 100 shares of                
          presplit stock.                                                             
               During 1997, petitioner purchased 900 shares and sold 800              
          shares as follows:                                                          
               Transaction                        Balance of Shares                   
               1997 Opening Balance IBM Shares         100                            
               Sell       1/23     100       15,374    -0-                            
               Buy       1/28      100       15,287    100                            
               Sell      5/16     100       15,424     -0-                            
                         May 27, 1997 - 2:1 Stock Split                               
               Sell      9/19     600        59,923    (600)                          
               Buy       9/26     200        20,500    (400)                          
               Buy       10/28     400       38,975    -0-                            
               Buy       10/29     200       20,237    200                            
               The cost of shares is petitioner’s basis for determining a             
          gain or loss on the transaction.  See secs. 1011, 1012, 1016.  In           
          attempting to identify which shares were sold, and in the absence           
          of other identification, we use the first-in first-out method of            
          accounting.  Kluger Associates, Inc. v. Commissioner, 617 F.2d              
          323, 326-327 (2d Cir. 1980), affg. 69 T.C. 925 (1978); sec.                 
          1.1012-1(c)(1), Income Tax Regs.  With regard to the sale on                
          January 23, 1997, this stock was purchased on March 11, 1996, for           






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