Robert C. and Patricia C. Humphrey - Page 13

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          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.                                                            




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