Brooks v. United States

DECISION OF THE COURT

THEIS, District Judge.

Plaintiffs brought this action seeking a refund of taxes paid for the 1980 tax year. Plaintiffs seek a determination that an employee stock option exercised by Robert A. Brooks (Brooks) was a “qualified stock option” within the meaning of 26 U.S.C. § 422(b)(1).

In a previous memorandum and order published at 766 F.Supp. 993, the court granted the United States’ motion for summary judgment. Upon the plaintiffs' timely motion to alter or amend or to reconsider, the court allowed plaintiffs to take the deposition of the Honorable Wesley E. Brown. The…