SAKOL v. C. I. R.

No. 355, Docket 77-4143.

574 F.2d 694 (1978)

Miriam SAKOL, Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Second Circuit.

Decided April 6, 1978.


Attorney(s) appearing for the Case

Burton G. Lipsky, New York City (Delson & Gordon, New York City, of counsel), for appellant.

William A. Friedlander, Washington, D. C. (M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Jonathan S. Cohen, Tax Div., Dept. of Justice, Washington, D. C., of counsel), for appellee.

Before FEINBERG and OAKES, Circuit Judges, and WYATT, District Judge.


OAKES, Circuit Judge:

Is it constitutional under the Fifth and Sixteenth Amendments for Congress, in taxing a corporate employee in connection with his purchase of his employer's stock, not to take into account any diminution in value of the stock that may be present by virtue of temporary restrictions on transfer in the employer's underlying stock purchase plan? Section 83(a) of the Internal Revenue Code governs the taxation of certain stock transfers to employees...

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