- 25 - (1) The amount paid (if any) for such property, over, (2) The amount realized (if any) upon such forfeiture. If such property is a capital asset in the hands of the taxpayer, such loss shall be a capital loss. * * * . Petitioner is not a securities dealer, and he held his Ariba shares strictly as an investor. Stock is a capital asset. Sec. 1221(a)(1). Thus, petitioner’s nonvested Ariba stock was a capital asset in his hands, and any loss realized upon its forfeiture is characterized as a capital loss. See sec. 1.83- 2(a), Income Tax Regs. Furthermore, the phrase “amount paid” in section 1.83- 2(a)(1), Income Tax Regs., refers “to the value of any money or property paid for the transfer of property to which section 83 applies”. Sec. 1.83-3(g), Income Tax Regs. Therefore, pursuant to sections 1.83-2(a) and 1.83-3(g), Income Tax Regs., a taxpayer is barred from recognizing as a capital loss the previous amount included as compensation when nonvested stock subject to a section 83(b) election is subsequently sold for less than its FMV. Theophilos v. Commissioner, 85 F.3d 440 (9th Cir. 1996), revg. T.C. Memo. 1994-45. Petitioner paid Ariba $625 in 2000 to exercise the option to acquire 6,667 shares of subsequently forfeited stock and elected to recognize the excess of the FMV over the exercise price on the date of exercise as compensation for AMT purposes. Ariba paid petitioner $625 to repurchase the 6,667 shares in 2001, causingPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011