No Mercy From IRS On Section 409A Compliance

Law360, New York (April 19, 2013, 12:03 PM EDT) -- Big Brother is paying attention, at least to how you value your company’s stock for purposes of granting stock options. A recent court decision confirms that Section 409A applies to discounted stock options and that the Internal Revenue Service is auditing stock option grants for compliance. The case also highlights the need to ensure that a determination of fair market value is defensible and complies with Section 409A.

Sutardja v. United States[1]

The Sutardja case involves an IRS levy of $5.2 million of Section 409A penalty...
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