- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 Next
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