- 12 - The amount of the underlying tax liability may be placed at issue if the taxpayer did not receive a statutory notice of deficiency or otherwise have an opportunity to dispute the tax liability. Sec. 6330(c)(2)(B); see Behling v. Commissioner, 118 T.C. 572, 576-577 (2002). In this case, petitioners were not issued a notice of deficiency and did not have a prior opportunity to dispute the tax liability. Therefore, the proper standard of review for the arguments challenging the underlying tax liability is de novo. Sego v. Commissioner, supra at 609-610. B. ISOs and the Employee Requirement Under Section 422(a)(2) Petitioner’s original 2000 return reported ordinary gain resulting from the exercise of his ISOs for 315,136 shares pursuant to section 83.7 Petitioner now contends that he was employed by i2 within 3 months of exercising his options as required under section 422(a)(2), allowing him to apply section 421(a) to the transactions so that he does not have to recognize the ordinary gain reported on his original 2000 return.8 Respondent argues petitioner was not an employee of i2 within 3 months of exercising his ISOs, and section 83, not 7 Petitioner was granted options to acquire 346,000 shares of stock, 315,136 of which were ISOs and 30,864 were NSOs. 8 Petitioner does not allege, and the record does not suggest, that his ownership right in his i2 stock was nontransferable or subject to a substantial risk of forfeiture when he exercised his options on Nov. 13, 2000.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011