Robert C. and Gail K. Racine - Page 10

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          Sec. 83(c)(2); sec. 1.83-3(d), Income Tax Regs.  Property is                
          transferable if the person receiving the property can sell,                 
          assign, and pledge his or her interest in the property to any               
          person and if the transferee is not required to give up the                 
          property in the event a substantial risk of forfeiture                      
          materializes.  Sec. 1.83-3(d), Income Tax Regs.                             
               In this case, there was a transfer of the shares to Mrs.               
          Racine, and she acquired beneficial ownership of the shares when            
          the options were exercised in 2000.  She obtained legal title to            
          the shares and was entitled to receive dividends, to vote the               
          shares, and to pledge the shares as collateral.  Mrs. Racine’s              
          rights were subject only to CIBC’s interest as the margin account           
          provider.  See sec. 1.83-3(a), Income Tax Regs.                             
               Thus, unless an exception to the general rule applies, the             
          shares would be treated as transferred and thus taxable to Mrs.             
          Racine when she exercised her options because she acquired                  
          beneficial ownership of the Allegiance shares.  Facq v.                     
          Commissioner, supra; see Miller v. United States, supra at 1050.            
          Accordingly, the shares would be taxable when Mrs. Racine                   
          exercised her options in 2000.  Petitioners argue that this is              
          not the case and an exception to the general rule applies.  If              
          petitioners are correct, there would be no transfer, and thus               
          Mrs. Racine would not be subject to tax in 2000.  See sec. 83(a).           







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