Jean-Remy Facq and Jennifer Huff-Facq - Page 18

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               We finally consider the likelihood the purchase price will             
          be paid.  Sec. 1.83-3(a)(2), Income Tax Regs.  This factor                  
          examines whether the purchase price for the property is paid, not           
          whether the indebtedness incurred to pay the purchase price will            
          be paid.  Hilen v. Commissioner, supra; Facq v. United States,              
          supra; Miller v. United States, supra.  InfoSpace received the              
          exercise price of the shares (plus amounts from Mr. Facq’s margin           
          account to fund the tax withholding payments) when Mr. Facq                 
          exercised his options.  Accordingly, this factor also weighs                
          against finding that the substance of the transaction was the               
          same as the grant of an option.  Hilen v. Commissioner, supra.              
               In summary, the facts and circumstances, including the three           
          specified factors, indicate that in substance, Mr. Facq’s use of            
          his margin account to exercise his options to buy InfoSpace stock           
          was not the same as the grant of an option.  See Hilen v.                   
          Commissioner, supra; Palahnuk v. United States, supra; Facq v.              
          United States, supra; Miller v. United States, supra.                       
               We therefore find that a transfer of stock occurred under              
          section 83 when Mr. Facq exercised his stock options in 2000 and            
          that the exception treating some transfers as grants of options             
          does not apply to this case.  We accordingly sustain respondent’s           
          determination that Mr. Facq received income in 2000 when he                 
          exercised his options.                                                      
               We next consider whether petitioners are liable for the                
          accuracy-related penalty.                                                   






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