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Document A-5916

AI Analysis

Summary: The deponent discusses a hypothetical scenario where a broker's mistake results in incorrect stock transfers, and the subsequent correction of the mistake. The deponent questions whether the tax deduction can be claimed in the original year, and highlights the complexity of the situation.
Significance: This document is potentially important as it discusses a complex financial transaction and the implications of a broker's mistake on tax deductions.
Key Topics: tax deduction stock transfer broker's mistake
Key People:
  • Mr. Parse - likely a financial advisor or broker

Full Text

CAC3PARC 14 1 myself the other night, if somebody had said to me, and again I 2 apologize for the example, I won't try to belabor it. But 3 December 28 in year one if I gave 10,000 shares of IBM to a 4 charity and 10,000 shares to my daughter, right, and I said to 5 my broker just move them into those -- 10,000 to charity, 6 10,000 to my daughter. And the broker made a mistake. And 7 here's what makes it so tricky. The shares to the charity were 8 IBM; the shares to my daughter were Philip Morris. They 9 reversed it. The charity calls January 2nd and says we can't 10 take tobacco stock. We can't accept your gift. I call the 11 broker, I say what about this. He says we'll just reverse it. 12 It was our mistake. We'll send the Philip Morris to your 13 daughter and we'll send the IBM to the charity. And they 14 reverse it and they put as of December 28 because they reverse 15 it and do it at December 28 prices and it all shows up on the 16 January statement. 17 If I said to Mr. Parse, if I said to me -- the Court 18 may be situated differently, the Court's been educated by this 19 trial. If I said can I put that tax deduction on my year one 20 return, in that situation, even though it was mistake, it never 21 got accepted, I'd say I don't know, you should ask a tax 22 lawyer. And that's what Mr. Parse said. He made the 23 transactions, he made the change, not a single document at 24 Deutsche Bank reflected that this happened other than the as of 25 which was a reflection of what the pricing was. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300