David v. MacNaughton and Virginia R. MacNaughton v. United States

I concur with that part of the majority opinion set out in II.A., that Section 88 of the Internal Revenue Code applies to the stock transaction involved, but I respectfully dissent in other respects.

Plaintiff had the burden of proof here. See Coleman v. United States, 704 F.2d 326 (6th Cir.1983). However, he met that burden by uncontradicted evidence on several crucial issues. For that reason, I believe that as a matter of law, plaintiffs stock was transferable and not subject to a substantial risk of forfeiture prior to 1981. Therefore, under Section 83, he should have been assessed for…