Anthony J. Kadillak - Page 2

                                        - 2 -                                         
               because the sec. 83(b), I.R.C., election was invalid.                  
               P also claimed that the capital loss limitations of                    
               secs. 1211 and 1212, I.R.C., do not apply for purposes                 
               of the AMT so that he may use his capital losses                       
               realized in 2002 to reduce his alternative minimum                     
               taxable income (AMTI) in 2000.  R rejected P’s amended                 
               returns and issued to P a notice of Federal tax lien                   
               and notice of intent to levy.  After a sec. 6330,                      
               I.R.C., hearing, the Appeals Office rejected P’s                       
               arguments, and P timely petitioned this Court for                      
               review of R’s lien and levy.                                           
                    Held:  P’s sec. 83(b), I.R.C., election required                  
               him to recognize as AMTI the excess of his vested and                  
               nonvested stock’s fair market value (FMV) over its                     
               exercise price on the date of exercise.  Held, further:                
               P acquired beneficial ownership of the nonvested stock                 
               when he exercised his ISOs; thus, the nonvested shares                 
               were transferred to P within the meaning of sec. 1.83-                 
               3(a)(1), Income Tax Regs.  Held, further:  P was not                   
               required to return the nonvested stock upon the                        
               happening of an event that was certain to occur                        
               pursuant to sec. 1.83-3(a)(3), Income Tax Regs.; thus,                 
               the nonvested shares were properly transferred to P                    
               within the meaning of sec. 1.83-3(a)(1), Income Tax                    
               Regs.  Held, further:  P is not entitled to a deduction                
               under sec. 1341(a), I.R.C.  Held, further:  The capital                
               loss limitations of secs. 1211 and 1212, I.R.C., apply                 
               for purposes of calculating alternative minimum taxable                
               income.  Held, further:  P may not carry back                          
               alternative minimum tax net operating losses to reduce                 
               his AMTI in 2000.                                                      


               Don Paul Badgley, Duncan C. Turner, and Brian G. Isaacson,             
          for petitioner.                                                             
               Kirk M. Paxson, Julie L. Payne, and William C. Schmidt, for            
          respondent.                                                                 










Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011