Groetzinger v. Commissioner
United States Tax Court
Ps, husband and wife, were employed abroad under a joint employment contract, which provided a stock option for petitioner-husband alone. Held: Ps, who were free to structure the provisions of their joint employment contract as they wished, and who abided by the contract as they made it, must accept the tax consequences of their structural choice.
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Ps, husband and wife, were employed abroad under a joint employment contract, which provided a stock option for petitioner-husband alone. Held: Ps, who were free to structure the provisions of their joint employment contract as they wished, and who abided by the contract as they made it, must accept the tax consequences of their structural choice. Commissioner v. National Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974). Therefore, Ps may not allocate any of the gain from petitioner-husband's 1978 disposition of the stock to petitioner-wife for the purpose of computing her foreign…
1Opinion of the Court
OPINION
NlMS, Judge:
Respondent determined deficiencies of $297 and $28,276.23 in petitioners’ joint Federal income tax for 1977 and 1978, respectively. After concessions, two issues remain: (1) Whether petitioners, husband and wife, may disavow the form of the stock option provision within their employment contract so as to allocate the stock option proceeds between themselves for purposes of computing their section 911 foreign earned income exclusions;1 and (2) whether petitioners may attribute any income from the 1978 disposition of the employee stock option to 1977 by virtue of the…
2Cases cited19 opinions
- Gregory v. HelveringSupreme Court of the United States · 1935
- Frank Lyon Co. v. United StatesSupreme Court of the United States · 1978
- Greenberg's Express, Inc. v. CommissionerUnited States Tax Court · 1974
- Commissioner v. National Alfalfa Dehydrating & Milling Co.Supreme Court of the United States · 1974
- Helvering v. F. & R. Lazarus & Co.Supreme Court of the United States · 1939
14 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Illinois Power Co. v. CommissionerUnited States Tax Court · 1986
- Federal Nat'l Mortg. Asso. v. CommissionerUnited States Tax Court · 1988
- McWilliams v. CommissionerUnited States Tax Court · 1995
- Nu-Look Design, Inc. v. Comm'rUnited States Tax Court · 2003
- Garavaglia v. Comm'rUnited States Tax Court · 2011
18 more not listed; retrieve them via the Exa API.