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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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