• Jake Sully works for the Pandora Mining Corporation (hereafter Pandora) as an executive. Pandora’s stock is traded on an established securities market. On April 1, 2018, in connection with the performance of services, Pandora transfers to Jake, its employee, 25,000 shares of substantially nonvested stock in Pandora. At the time of the transfer, the shares have an aggregate fair market value of $25,000. Jake pays Pandora $20,000 in exchange for the stock. The restricted stock agreement provides that if Jake ceases to provide services to Pandora as an employee prior to April 1, 2020, Jake will forfeit the stock back to Pandora who will then pay him his original $20,000. Jakes’ ownership of the 25,000 shares of stock will not be treated as substantially vested until April 1, 2020 and will only be treated as substantially vested if Jake continues to provide services to Pandora as an employee until April 1, 2020.

  On April 1, 2018, what if Jake makes a valid election under §83(b) with respect to the 25,000 shares of Pandora stock?

  The 25,000 shares of stock become substantially vested on April 1, 2020 when the fair market value of the shares is $60,000.

  In 2021, Jake sells the stock for $75,000.

  Jake is in the 35% tax bracket for ordinary income for all years.

  Jake’s long-term capital gains rate for all years is 15%.

   

  Determine the tax consequences to Jake Sully to help him determine if he should make a §83(b) election within 30 days of being granted the stock options.