- 16 - 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.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011