John E. and Concetta Lozon - Page 16

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               shall be included in the gross income of the person who                
               performed such services in the first taxable year in                   
               which 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                 
               is applicable. * * *                                                   
               Section 1.83-1(a)(1), Income Tax Regs., provides that such             
          property is not taxable under section 83 until it (1) has been              
          transferred, and (2) becomes substantially vested in such person.           
          Section 1.83-3(a), Income Tax Regs., provides that property is              
          transferred when the person acquires a beneficial ownership in              
          such property.  Section 1.83-3(e), Income Tax Regs., provides               
          that "property" under section 83 "includes a beneficial interest            
          in assets (including money) which are transferred or set aside              
          from the claims of creditors of the transferor, for example, in a           
          trust or escrow account."  The record as a whole establishes that           
          the contributions in issue were transferred in connection with              
          the performance of services by Mrs. Lozon.  It is stipulated that           
          Allstate made contributions under the profit sharing fund to a              
          trust for the benefit of Mrs. Lozon in the amounts of $89 in 1990           
          and $140 in 1991.  These amounts were vested when made.  It is              
          also stipulated that Allstate made contributions under its                  
          pension plan to a trust for the benefit of Mrs. Lozon and that              
          she was vested in the amounts of $13,193 in 1990 and $16,843 in             
          1991.8  Therefore, unless an exception applies, Mrs. Lozon would            


               8  Mrs. Lozon had no portion of the pension plan vested in             
          1989.                                                                       




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