John C. and Tate M. Todd - Page 14




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               There is a common denominator for determining whether the              
          shares were qualified appreciated stock on the transfer date and            
          whether petitioners are subject to the substantiation                       
          requirements.  That common denominator is whether, on the                   
          transfer date, market quotations with respect to the shares were            
          readily available on an established securities market.  See sec.            
          170(e)(5)(B)(i); sec. 1.170A-13(c)(7)(xi)(A), Income Tax Regs.3             
          Because we find that, on the transfer date, market quotations               
          with respect to the shares were not readily available on an                 
          established securities market, (1) the shares were not qualified            
          appreciated stock, (2) petitioners are subject to the                       
          substantiation requirements (which they failed to satisfy), and             
          (3) as a result of either (1) or (2), or both, they are not                 
          entitled to the disallowed deductions.                                      



               2(...continued)                                                        
          deduction in excess of $5,000 is claimed), no deduction is                  
          allowable.  Respondent has, however, in effect, allowed a                   
          deduction of $33,338 for 1994.  See supra, Respondent’s                     
          Adjustments.  We have accepted such a concession in the past.               
          Hewitt v. Commissioner, 109 T.C. 258, 266 (1997), affd. without             
          published opinion 166 F.3d 332 (4th Cir. 1998).                             
               3  The substantiation requirements apply unless, on the                
          transfer date, the shares were “publicly traded securities to               
          which � 1.170A-13(c)(7)(xi)(B) does not apply”.  See sec. 1.170A-           
          13(c)(1)(i), Income Tax Regs.  That condition is met only if, on            
          the transfer date, with respect to the shares, market quotations            
          were readily available on an established securities market,                 
          without application of the special rule found in subdiv. (B) of             
          sec. 1.170A-13(c)(7)(xi), Income Tax Regs., and subject to the              
          exception set forth in subdiv. (C) thereof.  See sec. 1.170A-               
          13(c)(7)(xi)(A), Income Tax Regs.                                           





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