Robert J. Merlo - Page 7

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          entitled to ATNOL deductions under section 56(d) and is allowed a           
          2-year carryback of those ATNOLs.                                           
               The Court issued a Memorandum Opinion on July 20, 2005,                
          ruling on the cross-motions for partial summary judgment.  See              
          Merlo v. Commissioner, T.C. Memo. 2005-178.  The Court held that            
          petitioner’s rights to his shares of Exodus stock were not                  
          subject to a substantial risk of forfeiture.  The Court further             
          held that genuine issues of material facts existed as to whether            
          petitioner was entitled to carry back an ATNOL deduction under              
          section 56(d).  Accordingly, the Court issued an order on July              
          26, 2005, granting respondent’s motion and denying petitioner’s             
          cross-motion.                                                               
          Discussion                                                                  
               The issues in the instant case revolve around petitioner’s             
          exercise of ISOs to acquire shares of Exodus stock in 2000, and             
          the impact, if any, the worthlessness of those shares in 2001 has           
          on the calculation of petitioner’s AMTI in 2000.                            
          A.   The Alternative Minimum Tax and Its Impact on the Exercise             
               of Incentive Stock Options                                             
               Generally, under section 421(a), a taxpayer is allowed to              
          defer regular tax on income resulting from the exercise of ISOs             
          until the taxpayer later sells the stock.  However, ISOs are                
          treated differently in calculating the taxpayer’s AMTI and AMT              
          liability.  See secs. 55(b)(2), 56(b)(3).                                   







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