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STROM v. U.S.

Nos. 09-35175, 09-35197.

641 F.3d 1051 (2011)

Mark G. Strom and Bernee D. Strom, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. Mark G. Strom and Bernee D. Strom, Plaintiffs-Appellants, v. United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 6, 2011.

Attorney(s) appearing for the Case

Darrell D. Hallett , Cori Flanders-Palmer , Chicoine & Hallett, P.S., Seattle, WA, for the plaintiffs-appellees/cross-appellants.

Kenneth L. Greene , Ellen Page DelSole , John A. DiCicco , Acting Assistant Attorney General, Tax Division, Department of Justice, Washington, D.C., for the defendant-appellant/cross-appellee.

Before: WILLIAM C. CANBY, JR., STEPHEN REINHARDT and MARSHA S. BERZON, Circuit Judges.

OPINION

BERZON, Circuit Judge:

Ordinarily, when an employee is compensated with nonstatutory stock options that do not have a readily ascertainable fair market value at the time of the grant, the employee realizes income for tax purposes upon exercising the options.1 See 26 U.S.C. §§ 83(a) & (e)(3)-(e)(4); 26 C.F.R. § 1.83-7(a). The taxpayer is taxed on an amount equal to the fair market value...

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