Ronald J. and June M. Speltz - Page 22

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          regulations and in the Internal Revenue Manual are not                      
          unreasonable.                                                               
               Unlike the examples set forth under section 301.7122-1(c),             
          Proced. & Admin. Regs., petitioners do not claim illness or a               
          medical condition or disability; they do not have income that is            
          exhausted providing for the care of dependents; and they have               
          sufficient income to meet “basic living expenses”.  Petitioners’            
          hardship argument is essentially that the tax liability is                  
          disproportionate to the value that they received from the ISOs              
          and that they have already been forced to change their lifestyle            
          unreasonably.  Although we sympathize with their situation, this            
          type of hardship is not unique.                                             
               Petitioners argue that the AMT imposed on their exercise of            
          ISOs is a “prepayment” of tax on value that they never received.            
          Under the statutory scheme, however, the tax imposed at the time            
          of exercise of ISOs is a deferred tax on a form of compensation             
          that petitioners received at an earlier time.  See Commissioner             
          v. LoBue, 351 U.S. 243 (1956).  As explained in Luckman v.                  
          Commissioner, 418 F.2d 381, 384 (7th Cir. 1969), revg. and                  
          remanding on other grounds 50 T.C. 619 (1968), stock options                
          “represent a form of compensation paid to employees in connection           
          with successful present and future business performance.  They              
          constitute a particularly rewarding form of bonus.”  See                    
          generally 1 Mertens, Law of Federal Income Taxation, sec. 601               






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