Kadillak v. Comm'r
United States Tax Court
P, as a sales assistant with Ariba Technologies, Inc. (Ariba), received incentive stock options (ISOs) subject to an employment termination restriction, whereby Ariba had the right to repurchase nonvested stock on the date of termination for its exercise price. On Apr. 5, 2000, P exercised his ISOs and was transferred all vested stock. The nonvested stock was placed in escrow and transferred to P as the shares vested on a monthly basis over 4 years.
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P, as a sales assistant with Ariba Technologies, Inc. (Ariba), received incentive stock options (ISOs) subject to an employment termination restriction, whereby Ariba had the right to repurchase nonvested stock on the date of termination for its exercise price. On Apr. 5, 2000, P exercised his ISOs and was transferred all vested stock. The nonvested stock was placed in escrow and transferred to P as the shares vested on a monthly basis over 4 years. P timely filed a sec. 83(b), I.R.C., election in May 2000 for the exercised ISOs. P's employment with Ariba was terminated on Apr. 4, 2001. Ariba…
1Opinion of the Court
OPINION
Haines, Judge:
Petitioner filed a petition with this Court in response to Notices of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330 for 2000 and 2001 (years at issue). Pursuant to section 6330(d), petitioner seeks review of respondent’s determinations.1
The remaining issues for decision are:(1) Whether petitioner’s section 83(b) election for 2000 was valid. This Court holds the section 83(b) election was valid;(2) whether petitioner is entitled to an alternative minimum tax (AMT) ordinary loss pursuant to section 1341 for stock forfeited under a lapse…
2Cases cited16 opinions
- Goza v. CommissionerUnited States Tax Court · 2000
- Sego v. CommissionerUnited States Tax Court · 2000
- Montgomery v. Comm'rUnited States Tax Court · 2004
- Yelencsics v. CommissionerUnited States Tax Court · 1980
- Speltz v. Comm'rUnited States Tax Court · 2005
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Pierce v. United StatesUnited States Court of Federal Claims · 2007
- Guzak v. United StatesUnited States Court of Federal Claims · 2007
- Anthony J. Kadillak v. CommissionerUnited States Tax Court · 2006
- Kadillak v. Comm'rUnited States Tax Court · 2006