Legal Opinion
Miriam Sakol v. Commissioner of Internal Revenue
Court of Appeals for the Second Circuit
Decided April 6, 1978No. 355, Docket 77-4143PublishedCited by 52 opinions
1Opinion of the Court
OAKES, Circuit Judge:
Is it constitutional under the Fifth and Sixteenth Amendments for Congress, in taxing a corporate employee in connection with his purchase of his employer’s stock, not to take into account any diminution in value of the stock that may be present by virtue of temporary restrictions on transfer in the employer’s underlying stock purchase plan? Section 83(a) of the Internal Revenue Code governs the taxation of certain stock transfers to employees “in connection with the performance of services.” 1 It re quires a taxpayer to include in gross income the excess of the stock’s…
2Cases cited29 opinions
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- Bell v. BursonSupreme Court of the United States · 1971
- Helvering v. CliffordSupreme Court of the United States · 1940
24 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Kirk v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1981
- 19 Fair empl.prac.cas. 418, 19 Empl. Prac. Dec. P 9188 Raymond E. Trafelet v. James R. ThompsonCourt of Appeals for the Seventh Circuit · 1979
- Jackie L. And Janet G. McDonald v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1985
- United States v. JosephbergCourt of Appeals for the Second Circuit · 2009
- Aaron L. Kolom and Serita Kolom v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1981
47 more not listed; retrieve them via the Exa API.