- 6 - same day, Polyphase issued a Form 1099 to petitioner for the 1994 taxable year reporting “other income” of $728,000. On April 7, 2000, respondent issued a notice of deficiency to petitioner for the 1994 taxable year, determining that petitioner received “other income” of $728,000.4 Respondent conducted no examination of petitioner’s books and records before issuing the notice of deficiency for 1994. The sole basis for the proposed adjustment was the Form 1099 from Polyphase to petitioner. On May 22, 2000, petitioner filed a petition with the Court disputing that he had “other income” of $728,000 for 1994.5 OPINION A. Is the Exercise of the Polyphase Stock Option Subject To Taxation Under Section 83(a)? Petitioner argues that his exercise of the stock option was not subject to taxation under section 83(a). Petitioner contends that the exercise was exempted under section 83(c)(3) because a sale of the stock would have given rise to suit under section 16(b) of the Securities Exchange Act of 1934, ch. 404, 48 Stat. 896, 15 U.S.C. sec. 78p(b) (1994) (hereinafter, section 16(b)). 4 In addition, respondent disallowed a deduction of $4,900 for personal exemptions. With the addition of the “other income” of $728,000, respondent determined that petitioners had too much income to qualify for the deduction. 5 On May 25, 2000, a stipulated decision was entered dismissing the petition for the 1995 taxable year (docket No. 7281-99).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011