- 2 - gains, and additional alternative minimum taxable income (AMTI) arising from the exercise of P-H’s ISOs. Held: P-H’s rights to the MGC shares he acquired upon the exercise of his ISOs were not subject to a substantial risk of forfeiture within the meaning of sec. 83, I.R.C., and sec. 16(b) of the Securities Exchange Act of 1934. Held, further: R’s determinations Ps failed to report wages, capital gains, and AMTI arising from the exercise of P-H’s ISOs are sustained in that (1) R properly applied the $100,000 annual limit imposed on ISOs under sec. 422(d), I.R.C., (2) Ps are not entitled to carry back capital losses to 2000, and (3) Ps are not entitled to carry back alternative tax net operating losses to 2000. Held, further: Ps are not liable for an accuracy-related penalty for 2000 under sec. 6662(b)(2), I.R.C. Duncan C. Turner and Brian G. Isaacson, for petitioners. Kirk M. Paxson, Julie L. Payne, and William C. Schmidt, for respondent. HAINES, Judge: Respondent determined a deficiency of $417,601 in petitioners’ Federal income tax for 2000 and an accuracy-related penalty of $83,520 under section 6662(b).1 All references to petitioner in the singular are to petitioner Nield Montgomery. 1 Unless otherwise indicated, section references are to the Internal Revenue Code, as amended, and Rule references are to the Tax Court Rules of Practice and Procedure.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