Legal Opinion

Montgomery v. Comm'r

United States Tax Court

Decided August 28, 2006No. 633-05PublishedCited by 29 opinions

P-H, president and CEO of MGC Communications, Inc. (MGC), received incentive stock options (ISOs) from MGC between April 1996 and March 1999. In November 1999, P-H resigned as president and CEO of MGC and entered into an employment contract with MGC which included provisions accelerating the vesting dates of his ISOs. In early 2000, P-H exercised many of his ISOs.

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P-H, president and CEO of MGC Communications, Inc. (MGC), received incentive stock options (ISOs) from MGC between April 1996 and March 1999. In November 1999, P-H resigned as president and CEO of MGC and entered into an employment contract with MGC which included provisions accelerating the vesting dates of his ISOs. In early 2000, P-H exercised many of his ISOs. P-H subsequently sold shares of MGC stock in 2000 and 2001 at prices above and below the exercise prices that he paid for the shares. Ps filed a joint Federal income tax return for 2000 reporting total tax of $ 2,831,360, including…

1Opinion of the Court

HAINES, Judge:

Respondent determined a deficiency of $417,601 in petitioners’ Federal income tax for 2000 and an accuracy-related penalty of $83,520 under section 6662(b).1 All references to petitioner in the singular are to petitioner Nield Montgomery.

After concessions,2 the issues remaining for decision are:(1) Whether petitioner’s rights in shares of stock acquired upon the exercise of incentive stock options (ISOs) in 2000 were subject to a substantial risk of forfeiture within the meaning of section 83(c)(3) and section 16(b) of the Securities Exchange Act of 1934)3 (the Exchange Act). We…

2Cases cited14 opinions

  1. HIGBEE v. COMMISSIONER OF INTERNAL REVENUEUnited States Tax Court · 2001
  2. United States v. BoyleSupreme Court of the United States · 1985
  3. Fed. Sec. L. Rep. P 90,216 Magma Power Company v. The Dow Chemical CompanyCourt of Appeals for the Second Circuit · 1998
  4. Allen v. Comm'rUnited States Tax Court · 2002
  5. Fed. Sec. L. Rep. P 90,280 Margaret Gwozdzinsky, Derivatively on Behalf of Revco D.S., Inc. v. Zell/chilmark Fund, L.P. And Revco D.S., Inc.Court of Appeals for the Second Circuit · 1998

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3Cited by29 opinions

  1. Klamath Strategic Investment Fund Ex Rel. St. Croix Ventures v. United StatesCourt of Appeals for the Fifth Circuit · 2009
  2. Klamath Strategic Investment Fund, LLC v. United StatesDistrict Court, E.D. Texas · 2007
  3. In re WylyUnited States Bankruptcy Court, N.D. Texas · 2016
  4. Strom v. United StatesCourt of Appeals for the Ninth Circuit · 2011
  5. Palahnuk v. Comm'rUnited States Tax Court · 2006

24 more not listed; retrieve them via the Exa API.

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