Venture Funding, Ltd. - Page 28

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          other service providers.  Judge Ruwe's dissent pp. 44, 47.  Maybe           
          it is impractical to expect the employer to have this level of              
          cooperation from its (typically, key) employees to which it has             
          distributed property.  But if we are to consider those                      
          impracticalities, we should also compare the employer's                     
          difficulties to those faced by the IRS when, as here, employers             
          and their key employees play "hide the ball" with the result that           
          the employer can deduct the fair market value of property under             
          section 83(h) which has not been included or reported in income             
          by the recipient of the property.                                           
                                         IV.                                          
                                     Conclusion                                       
               For the foregoing reasons, I agree with the reasoning and              
          conclusions of the majority that petitioner may not deduct the              
          value of stock that it transferred to its employees in 1988 under           
          section 83(h).                                                              


               CHABOT, SWIFT, JACOBS, GERBER, PARR, FOLEY, and VASQUEZ,               
          JJ., agree with this concurring opinion.                                    















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