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shares have been acquired for investment and may not be
offered, sold or otherwise transferred in the absence
of an effective Registration Statement for the shares
under the Securities Act of 1933 or a prior opinion of
counsel satisfactory to the issuer that registration is
not required under that Act.
Petitioner was the sole beneficiary of Olson’s account. Her
account at Prudential was numbered JQS-027297-N3 (petitioner’s
account). On February 21, 2000, petitioner signed a 2-page
Prudential form (form) entitled “Distribution Request”.
Prudential gave this form to its account holders who wanted to
request a distribution from a retirement account. The form
signed by petitioner states on page one that (1) she is the
beneficiary of Olson’s account, (2) Olson died, (3) she, on
account of Olson’s death, is requesting a distribution of all
amounts in Olson’s account in closure thereof, (4) these amounts
consist of cash and securities, (5) these amounts should be
distributed to petitioner’s account by way of a journal entry,
and (6) Prudential should not withhold any Federal or State taxes
from this distribution. Page 2 of the form bears petitioner’s
signature and handwritten date of February 21, 2000, immediately
below the following statement:
By signing here, I certify that the information
provided on this form regarding my status with respect
to the IRA, SEP-IRA, SARSEP-IRA, SIMPLE IRA, ROTH IRA
or EDUCATION IRA involved and in all other aspects is
correct. I also certify that the action directed on
this form fully complies with the terms of the
applicable Individual Retirement Agreement. I
acknowledge that the custodian is not responsible for
ascertaining the appropriateness of the distribution.
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Last modified: May 25, 2011