- 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 certificatesPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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