I have form 1099B from stock that was sold due to an acquisition and this is the payout. Is this employee stock that was sold? I didn't sell it, it was a payout.

[karenkwas]

Since an acquisiton/merger occurred, I didn't have a choice and was give this due to the merger. I'm not sure how to indicate if this is ESPP since I didn't actually sell it.

[DavidD66]

You disposed of the stock and were compensated for it, so you report it as a "sale".  It doesn't matter whether you had a choice or not.  You should treat the transaction the same way you would if you had instructed your broker to sell it, or if you had placed the trade yourself online.   If you acquire the stock through an Employee Purchase Program, you need to report the sale of ESPP stock.  

For information on selling stock acquired through an ESPP I recommend you review the following TurboTax article:

Employee Stock Purchase Plans 

[karenkwas]

Thank you!