ROLFS v. COMMISSIONER OF INTERNAL REVENUE

No. 72-2701.

488 F.2d 1092 (1973)

John H. ROLFS et al., Petitioners and Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent and Appellee.

United States Court of Appeals, Ninth Circuit.

November 30, 1973.


Attorney(s) appearing for the Case

Walter G. Schwartz, San Francisco, Cal., for petitioners and appellants.

Scott P. Crampton, Asst. Atty. Gen., Tax Division, U. S. Dept. of Justice, Lee H. Henkel, Jr., Chief Counsel, I. R. S., Washington, D. C., for respondent and appellee.

Before CHAMBERS, ELY and HUFSTEDLER, Circuit Judges.


PER CURIAM:

Taxpayers appeal from a decision of the Tax Court determining deficiencies in their income taxes for 1965. The Tax Court's opinion is reported at 58 T.C. 360.

Gain from the disposition of shares acquired under a restricted stock option plan is treated as ordinary income if the disposition takes place within six months of the transfer of shares to the option holder. 26 U...

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