e.Digital Corporation (fka EDIG)

[Cassandra]

JBocca: I have already posted the proof with the words in the proxy that you posted. If you don't believe me, then why don't you just call RP and ask him. JimC and I debated this on RB and he admitted that the options were indeed ISO but that he had used the NQSO model as an illustration.

There is no legal way for someone to choose how to treat their stock options, they are either ISO or NQSO. The EDIG proxy that describes it is very clear. Maybe you need to read this again:

"Other than incentive stock options granted under the 1994 Plan, all options granted under the 1994 Plan will be taxed as nonstatutory options."

What is says is that all options that are NOT incentive stock options are taxed as non-statutory. It does not say that all options can be either one or the other.