- 28 - 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.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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