Brooks v. United States

MEMORANDUM AND ORDER

THEIS, District Judge.

This matter is before the court on cross motions for summary judgment.* The action is brought for the refund of taxes paid for the 1980 tax year. Jurisdiction lies in this court under 28 U.S.C. § 1346(a)(1).

I. Background

Plaintiff Robert E. Brooks was an employee of Energy Reserves Group, Inc. (“Energy Reserves”) from 1977 until 1986. Energy Reserves was formerly known as *994Clinton Oil Company (“Clinton”). In connection with his employment, plaintiff was offered a stock option plan to purchase 60,000 shares of stock, which option was exercised on June…