Keith D. Hilen - Page 7

                                        - 7 -                                         
               Under section 83, a taxpayer generally must recognize income           
          when he exercises a compensatory stock option to the extent that            
          the fair market value of the shares of stock transferred to him             
          exceeds the exercise price he pays if the taxpayer’s rights in              
          the shares are transferable or not subject to a substantial risk            
          of forfeiture.  Sec. 83(a); Tanner v. Commissioner, 117 T.C. 237,           
          242 (2001), affd. 65 Fed. Appx. 508 (5th Cir. 2003); sec. 1.83-             
          7(a), Income Tax Regs.                                                      
               Section 83(a) provides:                                                
                    SEC. 83(a). General Rule.–-If, in connection with                 
               the performance of services, property is transferred to                
               any person other than the person for whom such services                
               are performed, the excess of--                                         
                         (1) the fair market value of such                            
                    property (determined without regard to any                        
                    restriction other than a restriction which by                     
                    its terms will never lapse) at the first time                     
                    the rights of the person having the                               
                    beneficial interest in such property are                          
                    transferable or are not subject to a                              
                    substantial risk of forfeiture, whichever                         
                    occurs earlier, over                                              
                         (2) the amount (if any) paid for such                        
                    property,                                                         
               shall be included in the gross income of the person who                
               performed such services in the first taxable year in                   
               which the rights of the person having the beneficial                   
               interest in such property are transferable or are not                  
               subject to a substantial risk of forfeiture, whichever                 
               is applicable. * * *                                                   
               Petitioner alleges that, because he exercised his                      
          nonstatutory stock options with “essentially nonrecourse                    
          financing”, the recognition of his gain would be delayed until he           





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