- 42 - 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,Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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