-29- “nonsense”.6 United States v. Tuff, 469 F.3d at 1253. As was true in the case of the taxpayer there, petitioner exercised her options and purchased her CTI stock with cash. While the cash may not have come directly from her assets, but was borrowed from CIBC Oppenheimer, she was personally liable to CIBC for repayment of that borrowing. We also note that she owned her CTI stock after the exercise and had all of the rights of ownership related thereto. Apparently seeing the illogic of their just-rejected argument, petitioners in their petition and in their briefs expand their position as set forth in the memorandum of law by arguing that the shares obtained through the exercise of the stock options were subject to a substantial risk of forfeiture or were nontransferable due to CTI’s insider trading policy. Most specifically, petitioners argue, petitioner exercised her options during the corporate blackout period; thus, they conclude, the shares were subject to a substantial risk of forfeiture and were nontransferable until May 17, 2002, the day the restricted windows under the corporate insider trading policy ended. We disagree with this argument. 6 This argument has been previously considered and rejected by this Court and others. See Facq v. Commissioner, T.C. Memo. 2006-111; Hilen v. Commissioner, T.C. Memo. 2005-226; see also Palahnuk v. United States, 70 Fed. Cl. 87 (2006), affd. 475 F.3d 1380 (Fed. Cir. 2007); Facq v. United States, 363 F. Supp. 2d 1288 (W.D. Wash. 2005); Miller v. United States, 345 F. Supp. 2d 1046 (N.D. Cal. 2004), affd. 209 Fed. Appx. 690 (9th Cir. 2006).Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 NextLast modified: November 10, 2007