Uecke v. Department of Taxation

The real issue is whether the terms of the option agreement effectively restricted the sale of the stock and hence the value thereof.

The position of the department is demonstrated by the following statements contained in a communication from the counsel for the department dated November 1, 1962:

“1. For Wisconsin income tax purposes there is no statutory distinction between ‘restricted stock options’ and other stock options to employes. Accordingly, the Wisconsin income tax treatment of all stock options to employes must be governed by the same basic considerations, regardless of the fact that…