Linda Olson - Page 6

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          unless registered or opined by counsel to be excepted from                  
          registration.                                                               
               We agree with respondent that petitioner received the                  
          subject distribution during 2000.2  Contrary to petitioner’s                
          assertion, the transfer of the subject shares from Olson’s                  
          account to petitioner’s account, to be effective, did not require           
          that a new certificate be issued to reflect a change of name from           
          that of the owner shown on certificate number 6278.  As the Court           
          noted in Meyer v. Commissioner, 46 T.C. 65, 106 (1966), revd. on            
          other grounds 383 F.2d 883 (8th Cir. 1967), the act of a transfer           
          agent in recording an ownership change in stock is a                        
          “ministerial, bookkeeping act”, and a change in stock ownership             
          may occur without any action by a transfer agent and without                
          regard to whether new certificates are issued to reflect the                
          transfer.  See also Corliss v. Bowers, 281 U.S. 376, 378 (1930)             
          (“taxation is not so much concerned with the refinements of title           
          as it is with actual command over the property taxed”); Byrne v.            
          Commissioner, 54 T.C. 1632, 1639 (1970) (“an economic interest in           
          a corporation may arise although a certificate of stock                     
          evidencing such interest has not yet been issued in the name of             
          the owner”), affd. 449 F.2d 759 (8th Cir. 1971).  Accord                    


               2 We decide this issue without regard to which party bears             
          the burden of proof.  We note, however, that taxpayers generally            
          bear the burden of proof in this Court and that petitioner has              
          not asserted in her brief that respondent bears the burden of               
          proof in this case.                                                         




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