Nathan P. and Geraldine V. Morton - Page 19

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                  On April 16, 1990, petitioners filed an application                 
             for an automatic extension of time to file their                         
             individual return for 1989 and paid the estimated tax                    
             due.  On August 14, 1990, petitioners requested an                       
             additional extension of time to file their return until                  
             September 25, 1990.  Respondent granted this extension                   
             application on August 30, 1990.  Petitioners' Form 1040,                 
             U.S. Individual Income Tax Return, was signed on                         
             October 15, 1990, and stamped received by respondent's                   
             Austin, Texas, Service Center on October 22, 1990.  We                   
             note that respondent did not determine an addition to tax                
             for late filing with respect to petitioners' 1989 return.                
             On their return, petitioners valued their SWI stock for                  
             section 83(b) purposes at $60.98 per share.  Thus,                       
             petitioners did not report any income on their 1989                      
             return with respect to petitioner's purchase of                          
             500 shares of SWI stock.                                                 
                  On April 4, 1990, petitioner purchased an additional                
             25 shares of SWI stock for $60.98 per share.  Petitioners                
             thereafter made a section 83(b) election with respect to                 
             these additional shares, in which they reported the fair                 
             market value of the stock to be $2,600 per share.  This                  
             second section 83(b) election is not at issue in this                    
             case.                                                                    






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