Albert J. Henry - Page 32

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          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.                                                                       



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