Robert J. Merlo - Page 10

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               However, for AMT purposes, petitioner must include in his              
          AMTI the spread between the exercise price and the fair market              
          value of the shares of Exodus stock on the date of exercise.  See           
          secs. 55(b)(2), 56(b)(3), 83(a).  We find that petitioner must              
          include $1,066,064 in his AMTI for 2000.6  As a result,                     
          petitioner’s adjusted AMT basis in the shares of Exodus stock is            
          increased by the amount recognized to $1,075,289.                           
               Next, we consider whether petitioner may reduce his AMTI in            
          2000 as a result of the AMT capital loss realized in 2001.                  
          B.   Capital Losses Under Regular Tax and Alternative Minimum Tax           
               If securities which are capital assets (as defined by                  
          section 1221) become worthless during a taxable year, any losses            
          resulting therefrom are treated as capital losses, as if a sale             
          or exchange of the securities occurred on the last day of that              
          taxable year.  Sec. 165(g)(1).  Section 165(f) provides that                
          capital losses are allowed only to the extent allowed in sections           
          1211 and 1212.                                                              






               5(...continued)                                                        
          his “regular tax basis” and to his basis for AMT purposes as his            
          “adjusted AMT basis”.                                                       
               6  $1,075,289 (fair market value of petitioner’s shares of             
          exodus stock on 12/21/00) less $9,225 (total exercise price)                
          equals $1,066,064.                                                          





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