Venture Funding, Ltd. - Page 6

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                         (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,                                                         
               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. * * *                                                   
               *      *       *       *     *          *      *                       
                    (h) Deduction by Employer.--In the case of a                      
               transfer of property to which this section applies                     
               * * *, there shall be allowed as a deduction under                     
               section 162, to the person for whom were performed the                 
               services in connection with which such property was                    
               transferred, an amount equal to the amount included                    
               under subsection (a) * * * in the gross income of the                  
               person who performed such services.  Such deduction                    
               shall be allowed for the taxable year of such person in                
               which or with which ends the taxable year in which such                
               amount is included in the gross income of the person                   
               who performed such services.                                           
          The legislative history to section 83 reveals that it was enacted           
          primarily to set forth rules on the tax treatment of deferred               
          compensation arrangements known as restricted stock plans; i.e.,            
          arrangements under which employers transfer stock to their                  
          employees as compensation for services, where the stock is                  
          subject to restrictions which affect its value.  S. Rept. 91-552,           
          at 253, 256-263 (1969), 1969-3 C.B. 423, 500-503.  Section 83 was           
          not meant, however, to reach only restricted stock.  The                    




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Last modified: May 25, 2011