Venture Funding, Ltd. - Page 23

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          in such property are transferable or are not subject to a                   
          substantial risk of forfeiture.  Section 83(h) allows an employer           
          to deduct an amount equal to the amount "included" under section            
          83(a).                                                                      
               Judge Ruwe's substitution of the word "includible", Judge              
          Ruwe's dissent pp. 39-40, for the word "included" is at odds with           
          our usual understanding of these and analogous terms.  I agree              
          with the majority that the "ed" ending and the "ible" (or "able")           
          ending have different meanings.  The "ed" ending refers to                  
          something done in fact, e.g., an expense "deducted", income                 
          "reported", or an item "recognized" in computing gross income.              
          Majority op. pp. 8-9.  The "ible" (or "able") ending refers to              
          something legally required, such as "reportable" income, or                 
          permitted, such as a "deductible" expense.  Id.  Consistent with            
          those usual meanings, the majority properly reads "included" to             
          require that the amount has in fact been included in income.                
          Majority op. p. 8.                                                          
               Section 83(a) says that the fair market value of certain               
          property "shall be included" in the gross income of a service               
          provider in the first year the property is not subject to a                 
          substantial risk of forfeiture.  The majority (majority op. p. 7)           
          and Judge Ruwe's dissent p. 39 correctly point out that  section            
          83(a) imposes a legal obligation on the recipient of property.              
          Congress could also have imposed that obligation by saying that             
          the fair market value of the property is "includible" in the                




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