-19- of the option but at the time, pursuant to the employee’s exercise of the option, the shares have been transferred to, and become substantially vested in, the employee. See sec. 83(a), (e)(3); Tanner v. Commissioner, supra at 242; sec. 1.83-1(a)(1), Income Tax Regs. Shares become substantially vested in the employee when the shares are either transferable or not subject to a substantial risk of forfeiture. See United States v. Tuff, supra at 1252; Racine v. Commissioner, T.C. Memo. 2006-162; Facq v. Commissioner, T.C. Memo. 2006-111; sec. 1.83-3(b), Income Tax Regs. Section 83 does not apply to a “statutory” stock option; i.e., an “incentive stock option” (ISO) within the meaning of section 422(b), that meets the requirements of sections 421 through 424. As relevant herein, section 421(a) provides that if the requirements of section 422(a) are met,4 a taxpayer does not recognize income either upon the granting to the taxpayer of an ISO or when the taxpayer receives stock upon the ISO’s exercise. Recognition of income is deferred until disposition of the stock. Sec. 421(a). Section 422(b) defines an ISO as a stock option granted to an individual for any reason connected to his or her employment, if granted by a corporate employer (or its parent or 4 Sec. 422(a) requires in relevant part that the option holder be an employee of the company granting the option at all times from the granting of the option until 3 months before the date of exercise.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: November 10, 2007