- 15 - 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,Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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