John S. and Christobel D. Rendall - Page 29

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          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 he                 






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