127 T.C. No. 3 UNITED STATES TAX COURT NIELD AND LINDA MONTGOMERY, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 633-05. Filed August 28, 2006. P-H, president and CEO of MGC Communications, Inc. (MGC), received incentive stock options (ISOs) from MGC between April 1996 and March 1999. In November 1999, P-H resigned as president and CEO of MGC and entered into an employment contract with MGC which included provisions accelerating the vesting dates of his ISOs. In early 2000, P-H exercised many of his ISOs. P-H subsequently sold shares of MGC stock in 2000 and 2001 at prices above and below the exercise prices that he paid for the shares. Ps filed a joint Federal income tax return for 2000 reporting total tax of $2,831,360, including alternative minimum tax (AMT). Ps subsequently submitted to R an amended return for 2000 in which they claimed (1) they were not subject to AMT, and (2) they overpaid their taxes. R rejected Ps’ claimed overpayment and issued to Ps a notice of deficiency for 2000. R determined Ps failed to report wages, capitalPage: 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