- 25 - concludes: “Therefore, in light of the facts, the gain from the sale of such stock is properly taxable to Mr. Rendall.” We agree with respondent. There is no evidence in the record to indicate that the pledge agreement was “fraudulently procured”, as petitioners allege, nor is there any evidence that Merrill Lynch sold the 634,100 shares of pledged Solv-Ex common stock in any capacity other than as a pledgee in order to satisfy Mr. Rendall’s debt to it. Merrill Lynch sold only enough shares to satisfy Mr. Rendall’s outstanding debt obligation under his margin loan account.13 The remaining pledged shares were returned to Mr. Rendall within 1 month from the last sale of pledged stock. Those circumstances suggest that Merrill Lynch’s sole purpose in securing the pledge of Solv-Ex common stock from Mr. Rendall, and his sole purpose in pledging that stock, was to provide security for the repayment of his debt to Merrill Lynch, and we so find. Petitioners suggest that Merrill Lynch’s demand for repayment of the margin loan was unwarranted because, at that time, the value of the pledged shares was over $40 million, and 13 On May 2, 1997, Merrill Lynch demanded repayment by Mr. Rendall of $4,195,022.80 “plus all accrued interest”. The sale of 634,100 pledged shares between May 28 and June 4, 1997, generated net sales proceeds of $4,229,479. There is no evidence that Merrill Lynch paid to Mr. Rendall, or that Mr. Rendall demanded from Merrill Lynch, the $34,456.20 difference. Therefore, we infer that that difference constituted all or a portion of the accrued interest referred to in Merrill Lynch’s May 2, 1997, letter to Mr. Rendall.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011