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BROOKS v. U.S.

Civ. A. No. 88-1493-T.

797 F.Supp. 909 (1992)

Robert A. BROOKS and Carol M. Brooks, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Kansas.

June 22, 1992.

Attorney(s) appearing for the Case

Donald W. Bostwick, Adams, Jones, Robinson & Malone, Wichita, Kan., for plaintiffs.

Mary Dee Martoche, Office of Special Litigation, Tax Div., U.S. Dept. of Justice, Washington, D.C., Annette B. Gurney, Office of U.S. Atty., Wichita, Kan., for defendant.

DECISION OF THE COURT

THEIS, District Judge.

Plaintiffs brought this action seeking a refund of taxes paid for the 1980 tax year. Plaintiffs seek a determination that an employee stock option exercised by Robert A. Brooks (Brooks) was a "qualified stock option" within the meaning of 26 U.S.C. § 422(b)(1).

In a previous memorandum and order published at 766 F.Supp. 993, the court granted the United States...

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