Ronald J. and June M. Speltz - Page 2

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                                       OPINION                                        

               COHEN, Judge:  This case is before the Court on respondent’s           
          motion for summary judgment, seeking a determination sustaining             
          an Appeals officer’s rejection of petitioners’ offer in                     
          compromise.  Petitioners seek a summary determination that it was           
          an abuse of discretion to refuse their offer in compromise                  
          because of the unfair application of the alternative minimum tax            
          (AMT) based on their exercise of incentive stock options (ISOs)             
          where the stock acquired by exercise of the ISOs has lost                   
          substantially all of its value subsequent to the acquisition of             
          the stock.  Unless otherwise indicated, all section references              
          are to the Internal Revenue Code as amended, and all Rule                   
          references are to the Tax Court Rules of Practice and Procedure.            
                                     Background                                       
               In ruling on respondent’s motion for summary judgment,                 
          factual inferences are viewed in the light most favorable to                
          petitioners.  Preece v. Commissioner, 95 T.C. 594, 597 (1990).              
          Thus, the background facts set forth herein are based primarily             
          on petitioners’ declaration in opposition to the motion for                 
          summary judgment and on other materials submitted by petitioners.           
               Petitioners resided in Ely, Iowa, at the time that they                
          filed their petition.  For some years prior to 2000, petitioner             
          Ronald J. Speltz (petitioner) was employed by McLeodUSA (McLeod).           
          By 2000, petitioner was a senior manager at McLeod earning wages            





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