- 32 - the relevant facts. Monaco concluded that such disclosure was sufficient to apprise respondent of the facts and the nature of the potential controversy concerning the tax treatment of the item. Monaco decided that the zero basis "would be a clear indication that the options had been awarded to the employee as compensatory stock options and that no value had been reflected in * * * [Henry's] income either at the time the options were received or at any other time prior to the sale of such option." Monaco stated that there was no other likely explanation for a zero basis. Monaco opined that the zero basis reported on petitioners' 1982 return was sufficient to apprise respondent of the tax treatment of the item in question. Based on his experience, Monaco believed that a return with a reported zero basis for employee stock options and claimed capital gain treatment would be selected for examination. In the present cases, petitioners' 1982 return identified the property in question and clearly distinguished between stocks and options.5 Furthermore, the return disclosed the dates the shares and options were acquired and sold, sales price, a basis of zero, and the gain involved. It appears likely that the items 5 It should be noted that in Cramer v. Commissioner, 101 T.C. 225, 255-256 (1993), affd. 64 F.3d 1406 (9th Cir. 1995), the returns, unlike petitioners’, “contained misrepresentations that actually concealed the true nature of the option proceeds”; i.e., a false claim of basis or, in the Boyntons’ case, a mischaracterization of the options as stock. See also 64 F.3d at 1415.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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