Linda Olson - Page 7

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          Helvering v. Rankin, 295 U.S. 123, 127 (1935), where the Supreme            
          Court described stock transfers of the taxpayer, Turner, stating:           
                    In none of these transactions did the broker                      
               deliver to Turner, or Turner to the broker, any stock                  
               certificate.  No specific certificate of stock was ever                
               bought or sold by the broker for Turner; and none was                  
               earmarked or allocated for him in any manner.  The                     
               purchases and sales affecting his account were made                    
               through the medium of street certificates handled by                   
               the broker; and the transactions were evidenced solely                 
               by debits and credits in his account on the broker’s                   
               books * * *                                                            
               Petitioner’s assertion that she acquired the subject shares            
          only upon Atlas’s issuance of a new certificate is further eroded           
          by our finding that she was the one who in fact caused Atlas to             
          issue a new certificate.  Petitioner’s ability to cause the                 
          cancellation of certificate number 6278 and the issuance of                 
          certificate number 6980 is indicative of her ownership of the               
          subject shares before November 28, 2001, the date on which that             
          new certificate was issued.  While petitioner points the Court to           
          Rev. Rul. 81-158, 1981-1 C.B. 205, in search of a contrary                  
          holding, she construes that ruling too narrowly.  Although both             
          situations in the ruling do conclude that the transfer of stock             
          occurs when the transfer agent is directed to reissue shares in             
          the name of the new owner, the ruling does not conclude, as                 
          petitioner would have it be, that a transfer of stock may only              
          occur when a transfer agent receives such a direction.                      
               Nor is it dispositive to our decision that certificate                 
          number 6278 contained the referenced restrictive legend.  Given             





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