Robert J. Merlo - Page 1

                                   126 T.C. No. 10                                    


                               UNITED STATES TAX COURT                                


                           ROBERT J. MERLO, Petitioner v.                             
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 21538-03.            Filed April 25, 2006.                  


                    P exercised incentive stock options on Dec. 21,                   
               2000, acquiring 46,125 shares of E stock.  As a result,                
               under I.R.C. secs. 55(b)(2), 56(b)(3), and 83(a), P was                
               required to include $1,066,064, the spread between the                 
               exercise price and the fair market value of the shares                 
               of E stock on the date of exercise, in his alternative                 
               minimum taxable income in 2000.  Instead, P included                   
               only $452,025, the spread between the exercise price                   
               and the fair market value of the shares of E stock on                  
               Apr. 15, 2001.                                                         
                    In 2001, E filed for bankruptcy, and P’s shares of                
               E stock became worthless.  Under I.R.C. sec. 165(g)(1),                
               P realized a capital loss for alternative minimum tax                  
               purposes of $1,075,289 in 2001.                                        
                    R determined a deficiency of $169,510 in P’s 2000                 
               Federal income tax.  P maintains that the capital loss                 
               limitations of I.R.C. secs. 1211 and 1212 do not apply                 
               for purposes of the alternative minimum tax.  As a                     





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