- 22 - 1999, and i2’s February 29, 2000, payroll register stated petitioner was terminated. The evidence indicates an employee- employer relationship did not exist after December 31, 1999. None of the factors listed above support petitioner’s position. Considering all of the facts and circumstances, this Court finds petitioner was not a common law employee of i2 after he retired on December 31, 1999, and was not an employee within 3 months of exercising his ISOs on November 13, 2000, for purposes of section 422(a)(2). As a result, section 421 did not apply to the exercise of petitioner’s ISOs on November 13, 2000, and section 83 did. The remaining issues will not be addressed because they rely upon this Court’s finding petitioner was an employee within 3 months of exercising his ISOs for purposes of section 422(a)(2). In reaching these holdings, the Court has considered all arguments made and, to the extent not mentioned, concludes that they are moot, irrelevant, or without merit. To reflect the foregoing and the concessions of the parties, Decision will be entered for respondent.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
Last modified: May 25, 2011