Anthony J. Kadillak - Page 3

                                        - 3 -                                         
                                       OPINION                                        

               HAINES, Judge:  Petitioner filed a petition with this Court            
          in response to Notices of Determination Concerning Collection               
          Action(s) Under Section 6320 and/or 6330 for 2000 and 2001 (years           
          at issue).  Pursuant to section 6330(d), petitioner seeks review            
          of respondent’s determinations.1                                            
               The remaining issues for decision are:                                 
               1.  Whether petitioner’s section 83(b) election for 2000 was           
          valid.  This Court holds the section 83(b) election was valid.              
               2.  Whether petitioner is entitled to an alternative minimum           
          tax (AMT) ordinary loss pursuant to section 1341 for stock                  
          forfeited under a lapse provision.  This Court holds he is not so           
          entitled.                                                                   
               3.  Whether petitioner may carry back capital losses                   
          pursuant to section 1211 to reduce the amount of his alternative            
          minimum taxable income (AMTI) for 2000.  This Court holds he may            
          not.                                                                        
               4.  Whether petitioner may carry back alternative minimum              
          tax net operating losses (AMTNOL) to reduce the amount of his               
          AMTI for 2000.  This Court holds he may not.                                


               1 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code (Code), as amended.  All Rule                     
          references are to the Tax Court Rules of Practice and Procedure,            
          unless otherwise indicated.  Amounts are rounded to the nearest             
          dollar.                                                                     





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