Nield and Linda Montgomery - Page 3

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               After concessions,2 the issues remaining for decision are:             
               1.  Whether petitioner’s rights in shares of stock acquired            
          upon the exercise of incentive stock options (ISOs) in 2000 were            
          subject to a substantial risk of forfeiture within the meaning of           
          section 83(c)(3) and section 16(b) of the Securities Exchange Act           
          of 1934)3 (the Exchange Act).  We hold petitioner’s rights were             
          not subject to a substantial risk of forfeiture.                            
               2.  Whether respondent properly determined that petitioner’s           
          options exceeded the $100,000 annual limit imposed on ISOs under            
          section 422(d).  We hold respondent correctly applied section               
          422(d) in this case.                                                        
               3.  Whether petitioners may carry back capital losses to               
          reduce the amount of their alternative minimum taxable income for           
          2000.  We hold they may not.                                                
               4.  Whether petitioners may carry back alternative tax net             
          operating losses to reduce the amount of their alternative                  
          minimum taxable income for 2000.  We hold they may not.                     
               5.  Whether petitioners are liable for an accuracy-related             
          penalty under section 6662(b)(2) for 2000.  We hold petitioners             


               2  The parties filed a stipulation of settled issues in                
          which they agreed to the amounts of deductions petitioners are              
          entitled to claim for charitable contributions made during 2000.            
               3  The Securities Exchange Act of 1934, ch. 404, sec. 16(b),           
          48 Stat. 896, codified at 15 U.S.C. sec. 78p(b) (2000).  For                
          convenience, all citations are to sections of the Securities                
          Exchange Act of 1934.                                                       





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