Walter and Susan Moore - Page 30




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               As was true in the case of petitioners’ previous argument,             
          this argument was considered and rejected by the Court of Appeals           
          for the Ninth Circuit in United States v. Tuff, supra at 1255-              
          1257.  We do likewise here.  A taxpayer’s rights in property                
          generally are subject to a substantial risk of forfeiture if the            
          taxpayer’s rights to full enjoyment of the property are                     
          conditioned upon the future performance (or refraining from                 
          performance) of substantial services, sec. 1.83-3(c)(1), Income             
          Tax Regs.; a taxpayer’s rights in property are transferable only            
          if the rights in such property of any transferee are not subject            
          to a substantial risk of forfeiture, sec. 83(c)(2).  Petitioners            
          make no claim that petitioner’s rights to retain her CTI stock              
          were conditioned upon the future performance (or nonperformance)            
          of any services or the occurrence of any condition related to a             
          purpose of the transfer.  In fact, petitioner’s consulting                  
          agreement had terminated when she exercised the options, so her             
          rights to retain the shares were not conditioned on the future              
          performance or nonperformance of services.  Nor do petitioners              
          argue that petitioner was subject to any risk, substantial or               
          otherwise, that she would have to return the stock to CTI at any            
          time after she exercised her options on March 5, 2002.  To the              
          contrary, petitioners stipulated that at no time after exercising           
          her CTI stock options was petitioner under any obligation to                
          return the stock to CTI and that during 2002 and thereafter,                







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