Jean-Remy Facq and Jennifer Huff-Facq - Page 9

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                                       OPINION                                        
          I.   Receipt of Income on Exercise of Option                                
               We are asked to decide whether petitioners received income             
          when Mr. Facq exercised his options through a margin account in             
          2000.  Petitioners argue that exercising an option through a                
          margin account is properly treated as the grant of another option           
          to buy the shares and that petitioners were thus not taxable when           
          Mr. Facq exercised his options.  Instead, petitioners were                  
          subject to tax when the shares were sold to pay the margin debt.            
               Petitioners’ arguments are virtually identical to those                
          decided in this Court, three District Courts, and the Court of              
          Federal Claims.  See Hilen v. Commissioner, T.C. Memo. 2005-226,            
          appeal docketed, No. 06-70290 (9th Cir., Jan. 19, 2006); Palahnuk           
          v. United States, 70 Fed. Cl. 87 (2006); United States v. Tuff,             
          359 F. Supp. 2d 1129 (W.D. Wash. 2005), appeal docketed, No.                
          05-35195 (9th Cir., Mar. 7, 2005); Facq v. United States, 363 F.            
          Supp. 2d 1288 (W.D. Wash. 2005), appeal docketed, No. 05-35124              
          (9th Cir., Feb. 8, 2005); Miller v. United States, 345 F. Supp.             
          2d 1046 (N.D. Cal. 2004), appeal docketed, No. 04-17470 (9th                
          Cir., Feb. 7, 2005).  Respondent argues that the exception                  
          treating the exercise of an option as the grant of another option           
          does not apply and that the income was properly reported when Mr.           
          Facq exercised his options rather than when the shares were sold            
          to pay off the margin debt.  We agree with respondent and with              
          the holdings in the other cases.                                            






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