- 29 - with the adequate identification requirements.” Respondent concludes that, because “[a]t the time of the sale” Mr. Rendall failed to specify to Merrill Lynch the shares to be sold, as required by section 1.1012-1(c)(3)(i)(a), Income Tax Regs., there was no “adequate identification” of the sold shares. Therefore, Mr. Rendall’s cost basis in those shares must be determined by applying the FIFO method. Again, we agree with respondent. The May 1997 correspondence described supra involving Merrill Lynch, Solv-Ex, and counsel for each demonstrates that the two sides were in communication before the sale of pledged shares. In late May, when the sale of pledged shares appeared inevitable, Solv-Ex, on behalf of Mr. Rendall, could have identified to Merrill Lynch the shares to be sold; e.g., by making that identification in the May 27, 1997, letter from counsel for Solv-Ex to counsel for Merrill Lynch acknowledging the transfer of the pledged shares to Merrill Lynch’s name. In fact, Mr. Rendall testified at trial that he could have identified the stock to be sold at or before the time of sale. Therefore, we find that Mr. Rendall was not precluded by Merrill Lynch from identifying those shares “At the time of the sale”, which would have satisfied the requirements of section 1.1012-1(c)(3)(i)(a), Income Tax Regs. Mr. Rendall’s testimony and an unobjected-to proposed finding of fact based upon that testimony establish that hePage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011