- 16 - petitioner's shares within 90 days of any termination of employment other than a voluntary termination by petitioner. The repurchase price for vested shares was equal to the adjusted book value per share. The price for the unvested shares was set at the lesser of the adjusted book value per share or the original purchase price. On or before August 12, 1989, petitioners filed with the Internal Revenue Service a timely election under section 83(b) regarding the SWI stock petitioner purchased pursuant to the agreement. In this election, petitioners reported the fair market value of the SWI stock to be $60.98 per share, the amount petitioner paid for the stock. Thus, petitioners claimed that they realized no gross income in 1989 from the purchase of the SWI shares. Although petitioner received the subject stock on July 13, 1989, the parties agree that June 30, 1989, is the appropriate valuation date with regard to the section 83(b) election. SWI experienced moderate expansion during the first half of 1989. Although it began the year with only two superstores, it opened a third in Houston, Texas, in April, and was preparing to open a fourth in Los Angeles by the end of June. In addition, its most successful store, located in Dallas, had to be moved several times into larger facilities. Although the company was beginning toPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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