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On January 6, 2005, this case was reassigned to Appeals
Officer Lenora Miles. On March 2, 2005, Mr. Isaacson sent Ms.
Miles a written explanation of petitioner’s position. On March
4, 2005, Ms. Miles held an administrative hearing with Mr.
Isaacson, during which he argued: (1) Petitioner’s section 83(b)
election was invalid; (2) even if the section 83(b) election were
valid, petitioner could apportion a lesser value to the nonvested
shares to reflect Ariba’s repurchase at cost; (3) even if the
section 83(b) election were valid, it could be revoked due to
mistake of fact;6 (4) AMT capital losses are not limited by
section 1211; and (5) AMT capital losses can be carried back as
an AMTNOL.
After considering petitioner’s arguments, on April 5, 2005,
Ms. Miles sent a letter to petitioner setting forth her
determination that there was no basis for settlement. On May 10,
2005, respondent issued a Supplemental Notice of Determination
Concerning Collection Actions to petitioner regarding the years
at issue. Respondent determined the filing of the notice of
Federal tax lien and the proposed levy action with respect to the
unpaid assessments for the years at issue were appropriate.
On June 3, 2005, this case was calendared for trial during
the October 31, 2005, Trial Session in Seattle, Washington. At
6 Petitioner abandoned the second and third arguments.
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