- 10 - Discussion I. Applicable Law Pursuant to section 83, the warrants are taxable as income if they were issued to Ventures “in connection with the performance of services”. Sec. 83(a). Whether property is transferred in connection with the performance of services is essentially a question of fact. Bagley v. Commissioner, 85 T.C. 663, 669 (1985), affd. 806 F.2d 169 (8th Cir. 1986). Section 1.83-3(f), Income Tax Regs., provides: Property transferred to an employee or an independent contractor * * * in recognition of the performance of, or the refraining from performance of, services is considered transferred in connection with the performance of services within the meaning of section 83. * * * The transfer of property is subject to section 83 whether such transfer is in respect of past, present, or future services. Ventures was prevented, by virtue of Ciena’s breach, from performing services it very much wished to perform. The warrants were issued to Ventures pursuant to the SRA, and not in recognition of the performance of, or the refraining from the performance of, Ventures’ past, present, or future services. Indeed, respondent stipulated that Ventures “never performed any services for Ciena”. In short, the requisite connection between the issuance of the warrants and the performance of services does not exist. Thus, section 83 is inapplicable.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007