Legal Opinion
Raymond A. Rank v. United States
Court of Appeals for the Fifth Circuit
Decided May 4, 1965No. 21257_1PublishedCited by 21 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
This case presents the question whether the gain received by the Taxpayer-Optionee on the assignment back to the Employer-Optioner of the unexercised option granted as a compensatory restricted stock option is taxable as capital gain when a transfer of the underlying stock at such time would have been a disqualifying disposition subjecting the proceeds to treatment as ordinary income. In rejecting the Taxpayer’s appeal, we agree with the District Court that the gain is ordinary income.
The facts are neither complex nor conflicting. And the case comes to us, as it…
2Cases cited12 opinions
- Commissioner v. LoBueSupreme Court of the United States · 1956
- Commissioner v. SmithSupreme Court of the United States · 1945
- Helvering v. San Joaquin Fruit & Investment Co.Supreme Court of the United States · 1936
- William W. Steinhort and Mildred Steinhort v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1964
- George W. S. Swenson and Ruth E. Swenson v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1962
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Speltz v. Comm'rUnited States Tax Court · 2005
- Hugh N. Mills and Jane W. Mills v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1968
- Bagley v. CommissionerUnited States Tax Court · 1985
- Le Vant v. CommissionerUnited States Tax Court · 1965
- Sid Luckman and Estelle Luckman v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1969
16 more not listed; retrieve them via the Exa API.