- 7 - This particular program was managed by Cramer, Monaghan, and Hendrickson. In the process of granting stock options to its employees, IMED required the participants to file elections pursuant to section 83(b) (section 83(b) elections).3 Generally, IMED did not issue Forms W-2 or 1099 to any option grantee for the year in which the option was issued. Subsequent to the section 83(b) election, IMED did not deduct the costs of the stock options it granted to its employees because that might result in the realization of ordinary income by the recipients. On August 17, 1979, Henry received his first stock options (1979 options). The 1979 options granted Henry the right to purchase 29,250 shares of IMED's common stock. The par value of the common stock was 15 cents per share. Henry could exercise his options to purchase stock at $13 per share. On September 14, 1979, Hendrickson presented Henry with a section 83(b) form to sign. Hendrickson further informed him that this document was required to be signed in order to obtain long-term capital gains on the 1979 stock options. The document contains the note that, as a condition of exercising these 3 Sec. 83(a) provides generally that if property is transferred to an individual as compensation for services, recognition of income will be deferred if the property is not transferable or is subject to a substantial risk of forfeiture. Sec. 83(b) provides, in relevant part, that the employee may elect within 30 days of receipt to include the value of the property for the year he receives it, despite the fact that such property is nontransferable and forfeitable.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011