John S. and Christobel D. Rendall - Page 27

                                       - 27 -                                         
          T.C. 628, 636-637 (1964); Ligon v. Commissioner, 37 B.T.A. 763,             
          765 (1938).                                                                 
          III.  Mr. Rendall’s Basis in the Pledged Stock Sold by Merrill              
                Lynch (The LIFO/FIFO Basis Issue)                                     
          Both parties cite section 1.1012-1(c), Income Tax Regs., in                 
          support of their respective positions regarding Mr. Rendall’s               
          cost basis for the 634,100 shares of Solv-Ex common stock sold by           
          Merrill Lynch.  That provision states, in pertinent part, as                
          follows:                                                                    
                    � 1.1012-1 Basis of property.                                     
                    *      *      *      *      *      *      *                       
                    (c) Sale of stock.  (1) In general.  If shares of                 
               stock in a corporation are sold or transferred by a                    
               taxpayer who purchased or acquired lots of stock on                    
               different dates or at different prices, and the lot                    
               from which the stock was sold or transferred cannot be                 
               adequately identified, the stock sold or transferred                   
               shall be charged against the earliest of such lots                     
               purchased or acquired in order to determine the cost or                
               other basis of such stock * * *.  If, on the other                     
               hand, the lot from which the stock is sold or                          
               transferred can be adequately identified, the rule                     
               stated in the preceding sentence is not applicable.  As                
               to what constitutes “adequate identification,” see                     
               subparagraphs (2), (3), and (4) of this paragraph.                     
                    (2) Identification of stock.  An adequate                         
               identification is made if it is shown that certificates                
               representing shares of stock from a lot which was                      
               purchased or acquired on a certain date or for a                       
               certain price were delivered to the taxpayer’s                         
               transferee.  Except as otherwise provided in                           
               subparagraph (3) or (4) of this paragraph, such stock                  
               certificates delivered to the transferee constitute the                
               stock sold or transferred by the taxpayer.  Thus,                      
               unless the requirements of subparagraph (3) or (4) of                  
               this paragraph are met, the stock sold or transferred                  
               is charged to the lot to which the certificates                        





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