James Tinnell - Page 42




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          exercise amount, the fair market value, the exercise price, the             
          per-share blockage discount applied by Zila, the amount of                  
          ordinary income reported on Form 1099, and the additional                   
          discount for restrictions on stock taken by petitioner                      
          (marketability discount).  The schedule contained the following             
          statement concerning the marketability discount:                            
               THIS DISCOUNT TAKEN BECAUSE TAXPAYER FEELS THAT STOCK                  
               WOULD BE SEVERELY EFFECTED IF HE PUT ALL THESE SHARES                  
               ON MARKET IN ONE BLOCK.  IN ADDITION TAXPAYER CANNOT                   
               SELL SHARES FOR THESE YEARS PER SEC REGULATIONS.                       
               THEREFORE, PRESENT VALUE IS LESS.                                      
          In the second Stipulation of Settled Issues filed with the Court,           
          petitioner and respondent agreed that petitioner is entitled to             
          only one discount of $282,979 and that, in 1993, petitioner                 
          understated ordinary income from the exercise of Zila stock                 
          options by $282,979.                                                        
               The applicable regulations regarding the accuracy-related              
          penalty as to negligence, which became effective for returns due            
          after December 31, 1991, and applied to returns filed for 1993,             
          contained an adequate disclosure exception.  See sec. 1.6662-               
          2(d), Income Tax Regs.  These regulations provided that no                  
          penalty under section 6662(a) and (b)(1) will be imposed where a            
          taxpayer has made an adequate disclosure of a nonfrivolous                  
          position in accordance with the provisions of section 1.6662-               
          4(f)(1), (3), (4), and (5), Income Tax Regs.  See secs. 1.6662-1,           
          1.6662-3(c)(1) and (2), Income Tax Regs.  Under the regulations,            






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