United States Fifth Circuit

In an action brought to determine petitioner's federal income tax liability involving circumstances in which petitioner exercised an incentive stock option in 2000, summary judgment for the IRS is affirmed where: 1) the tax court did not err in concluding that a substantial risk of forfeiture did not exist when petitioner exercised the option in 2000; and 2) a loss from the stock in 2001 did not entitle plaintiff to an alternative tax net operating loss deduction that he could carry back to 2000.

Appellate Information

• Decided 07/17/2007
• Published 07/17/2007

Judges

• KING, Circuit Judge:, Before KING, DAVIS and BARKSDALE, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Don Paul Badgley, Badgley-Mullins Law Group, Brian G. Isaacson (argued), Merriam & Isaacson, Seattle, WA, for Merlo., Bridget Maria Rowan (argued), Richard Bradshaw Farber, Eileen J. O'Connor, Asst. Atty. Gen., U.S. Dept. of Justice, Tax Div., App. Section, Robert R. Di Trolio, U.S. Tax Court, Donald L. Korb, Chief Counsel, IRS, Washington, DC, for CIR.