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for a continuance and remand. On December 8, 2004, the Court
retained jurisdiction and remanded this case to respondent’s
Appeals Office for another administrative hearing to consider
petitioner’s underlying tax liability for the years at issue.
On March 2, 2005, Appeals Officer Mountjoy held an
administrative hearing with Mr. Isaacson during which he argued
that: (1) The stock at issue was not transferred to petitioner
because it was pledged to a lender as security for nonrecourse
debt;5 and (2) petitioner continued his employment with i2 after
his resignation and termination on December 31, 1999, until
October 2000, and as a result, the exercise of the options
qualified for nonrecognition of income pursuant to section 421.
During the conference, Mr. Isaacson said he would provide
additional documents to support petitioner’s claim that he
continued his employment with i2 after December 31, 1999, and
provide a declaration from petitioner’s former boss, Greg Brady,
which would indicate that Mr. Brady accepted petitioner’s
resignation in December 1999 and petitioner continued on as an
employee with i2 after January 2000.
On April 19, 2005, Appeals Officer Mountjoy mailed a letter
to Mr. Isaacson requesting him to submit the documentation and
declaration supporting petitioner’s claim. On August 1, 2005,
5 This issue has been conceded. See supra note 2.
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