John S. and Christobel D. Rendall - Page 30

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          purchased 2.5 million of the 2,660,000 shares pledged to Merrill            
          Lynch in 1980 for 1 cent a share, and we have so found.                     
          Petitioners also do not object to respondent’s proposed finding             
          of fact that the stock certificates given to Merrill Lynch for              
          the remaining 160,000 pledged shares represented shares Mr.                 
          Rendall purchased at various times after 1980, and we have so               
          found.  Because the selling shareholder may do no more than                 
          select and identify shares for sale from among the shares “left             
          in the custody of a broker or other agent,” no more than 160,000            
          of the 634,100 pledged shares Merrill Lynch sold on Mr. Rendall’s           
          behalf could have been identified by him as having been purchased           
          for more than 1 cent a share.  Sec. 1.1012-1(c)(3), Income Tax              
          Regs.  Thus, at least 474,100 (634,100 - 160,000) of the sold               
          shares had a cost basis to Mr. Rendall of 1 cent a share.  See              
          also Kluger Associates, Inc. v. Commissioner, 617 F.2d 323, 327-            
          328 (2d Cir. 1980), affg. 69 T.C. 925 (1978).                               
               Moreover, Mr. Rendall failed to adequately identify the                
          other 160,000 pledged shares sold by Merrill Lynch.  Petitioners’           
          purported identification on their 1997 originally filed and                 
          amended returns was inadequate for two reasons:  (1) Those                  
          returns did not specify which of Mr. Rendall’s shares purchased             
          after 1980 at more than 1 cent a share constituted the 160,000              
          shares pledged to Merrill Lynch; and (2) even if those shares had           
          been identified on petitioners’ 1997 returns, that identification           






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