Anthony J. Kadillak - Page 10

                                       - 10 -                                         
               On March 22, 2003, petitioner filed a Form 1040X amending              
          his 2001 Federal income tax return (2001 amended return) together           
          with an attached Form 8275.  The return was prepared by Mr.                 
          Isaacson and was initially accepted by the IRS.  It reported the            
          same regular income and itemized deductions as the original 2001            
          return.  However, unlike the original 2001 return, the 2001                 
          amended return reflected petitioner’s assertion that the section            
          83(b) election made in 2000 was invalid as to the nonvested                 
          shares.  As a result, the amended return reported $340,213 of               
          AMTI, which was the spread between FMV and the exercise price for           
          the Ariba stock granted under option No. 117, which vested in               
          petitioner throughout the 2001 tax year.                                    
               After deducting a $12,720 payment, the return reported a               
          total tax liability of $88,125 consisting entirely of AMT.                  
          Petitioner failed to remit the full amount of tax due with his              
          amended return.  Respondent assessed a tax liability of $100,845            
          for 2001 and sent a notice of balance due on May 19, 2003.                  
          Petitioner has not fully paid the balance.                                  
               3. Other Amended Returns for 2000 and 2001                             
               Petitioner filed additional Forms 1040X for 2000 and 2001              
          based upon Mr. Isaacson’s advice.  Each Form 1040X was prepared             
          by Mr. Isaacson and included Form 8275, although neither was                
          accepted by the IRS.  The 2000 Form 1040X Explanation of Changes            
          to Income, Deductions and Credits stated:                                   






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