Robert J. Merlo - Page 4

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               Exodus filed bankruptcy on September 26, 2001.  In a press             
          release dated November 12, 2001, Exodus announced that the                  
          company’s common stock had no value.                                        
               On his 2000 Form, 1040, U.S. Individual Income Tax Return,             
          petitioner included in his alternative taxable income for                   
          alternative minimum tax (AMT) purposes $452,025, the excess of              
          the price for Exodus common stock reported on NASDAQ on April 15,           
          2001, over the price he paid for the stock.  Petitioner did not             
          use the stock’s fair market value on the December 21, 2000, ISO             
          exercise date.  Instead, petitioner filed Form 8275-R, Regulation           
          Disclosure Statement, disclosing that he relied on proposed                 
          legislation H.R. 2794, 107th Cong., 1st Sess. (2001), then                  
          pending in Congress, to use the stock’s fair market value on                
          April 15, 2001.  The proposed legislation would have allowed                
          taxpayers to use the difference between the amount paid for                 
          shares purchased pursuant to the exercise of an ISO during 2000             
          and the fair market value of such shares on April 15, 2001, for             
          purposes of computing their AMT.  H.R. 2794, 107th Cong., 1st               
          Sess. (2001), was never enacted.                                            
               On November 13, 2003, respondent mailed petitioner a notice            
          of deficiency, in which respondent determined a deficiency of               
          $4,833 in petitioner’s 1999 Federal income tax and a deficiency             
          of $169,510 in petitioner’s 2000 Federal income tax.  In the                
          notice of deficiency respondent stated:                                     






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