- 30 - 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 identificationPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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