-30- 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,Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 NextLast modified: November 10, 2007