- 8 - the record before us, the dispositive facts of this case, as we see it, are fourfold. First, petitioner intended to effect a distribution of the subject shares into petitioner’s account during 2000. Second, she relayed that intent to Prudential during 2000. Third, Prudential carried out that intent during 2000 by transferring the subject shares into petitioner’s account. Fourth, petitioner during the last 10 months of 2000 knowingly enjoyed the benefit of the added value of those shares. We hold for respondent.3 All arguments in this case have been considered, and those arguments not discussed herein are without merit or inapplicable to our decision.4 Decision will be entered for respondent. 3 Petitioner’s request for a contrary holding is most likely driven by the fact that our holding means that she is liable for 2000 Federal income tax on the value of the subject shares at the time of distribution, yet her recognition of any loss realized as to those shares is generally limited to $3,000 per year. 4 Petitioner asserts that the value of the subject shares must be discounted because they were restricted shares which could not be transferred publicly. Even if we were to assume that petitioner is correct in her assertion that the subject shares could not be transferred publicly, an assertion which may actually be incorrect given the many exceptions set forth in rule 144 of the Securities Act of 1933, 17 C.F.R. sec. 230.144 (2004), for public transfers, we do not find (nor has petitioner pointed us to) any evidence in the record upon which to determine such a discount.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011