117 T.C. No. 20 UNITED STATES TAX COURT PAUL A. TANNER, SR. AND BEVERLY N. TANNER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 5738-00. Filed December 10, 2001. P planned to acquire control of C, a corporation. C required P to sign a lockup agreement, which restricted P’s sale of any C stock. The agreement provided that, if P sold the stock within 2 years of its acquisition, he would be subject to sec. 16(b) of the Securities Exchange Act of 1934. On July 9, 1993, P received a nonstatutory employee stock option from C. On Sept. 7, 1994, P exercised this stock option. P pledged some of this stock as collateral for a loan, and the stock was sold by the lender. C issued P a Form 1099 for 1994 reporting income from P’s exercise of the stock option. On the basis of the Form 1099, R issued a notice of deficiency for 1994 determining that P received “other income” of $728,000 --the difference between the option price and the pricePage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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