- 13 - section 421(a), applies to the exercise of the ISOs. Thus, respondent contends that petitioners properly reported the gain recognized from exercising those ISOs as ordinary income for regular tax purposes on their original 2000 return under section 83. Section 421(a) provides that, if the requirements of section 422(a) are met, a taxpayer does not recognize income either upon the granting9 of an ISO to the taxpayer or when the stock is transferred10 to the taxpayer upon exercise of an ISO. Recognition of income is deferred until disposition of the stock.11 Sec. 421(a); sec. 14a.422A-1, Q&A-1, Temporary Income Tax Regs., 46 Fed. Reg. 61840 (Dec. 21, 1981). If the requirements of section 422(a) are satisfied, gain on the sale of the stock is characterized as capital gain.12 Secs. 1221 and 1222; sec. 14a.422A-1, Q&A-1, Temporary Income Tax Regs., supra. 9 The date on which an ISO is granted is the date on which all corporate action necessary for the grant of the ISO is completed. Sec. 1.421-7(c)(1), Income Tax Regs. 10 For purposes of secs. 421 through 424, the term “transfer” means the transfer of ownership or substantially all rights of ownership of a share of stock to an individual pursuant to his exercise of a statutory option. Sec. 1.421-7(g), Income Tax Regs. 11 A disposition of ISO stock generally means any sale, exchange, gift, or transfer of legal title to, the stock. Sec. 424(c)(1). 12 New regulations under sec. 422 became effective Aug. 3, 2004, but they are not applicable to this case. Sec. 1.422-5(f), Income Tax Regs.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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