James G. Robinson and Barbara L. Robinson v. United States

BRYSON, Circuit Judge.

This appeal from the United States Court of Federal Claims requires us to construe section 83(h) of the Internal Revenue Code, a provision that addresses deductions for employers who use property transfers (other than money) to compensate employees. That statute provides that the amount of the employer’s deduction is “equal to the amount included” in the employee’s gross income as a result of the transfer. The issue presented to us is whether the amount of the employer’s deduction is the value of the transferred property that is includible in the employee’s gross income…