John E. and Concetta Lozon - Page 15

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          argue that section 402(a), which governs the taxability of                  
          beneficiaries of exempt trusts, provides that taxpayers should              
          not be taxed until they receive distributions from such trusts.             
          Petitioners cite section 1.402(a)-1(a)(1)(i), Income Tax Regs.,             
          which provides:                                                             
               Section 402 relates to the taxation of the beneficiary                 
               of an employees' trust.  If an employer makes a                        
               contribution for the benefit of an employee to a trust                 
               described in section 401(a) * * * the employee is not                  
               required to include such contribution in his income                    
               except for the year * * * in which such contribution is                
               distributed or made available to him. * * * [Emphasis                  
               added.]                                                                
               Since petitioner was not an employee of Allstate, the above            
          regulation does not apply to her.                                           
               Respondent argues that section 83 provides the support for             
          taxing petitioner.  Section 83 reads, in part:                              
               SEC. 83. PROPERTY TRANSFERRED IN CONNECTION WITH                       
               PERFORMANCE OF SERVICES.                                               
                    (a) General Rule.--If, in connection with the                     
               performance of services, property is transferred to any                
               person other than the person for whom such services are                
               performed, the excess of--                                             
                         (1) the fair market value of such                            
                    property (determined without regard to any                        
                    restriction other than a restriction which by                     
                    its terms will never lapse) at the first time                     
                    the rights of the person having the                               
                    beneficial interest in such property are                          
                    transferable or are not subject to a                              
                    substantial risk of forfeiture, whichever                         
                    occurs earlier, over                                              
                         (2) the amount (if any) paid for such                        
                    property,                                                         






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