Nield and Linda Montgomery - Page 12

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          respondent’s Office of Appeals for consideration of petitioners’            
          amended return.  During the remand, respondent audited                      
          petitioners’ original and amended returns and issued to                     
          petitioners a Supplemental Notice of Determination under section            
          6330 and a notice of deficiency under section 6213(a).6                     
               In the notice of deficiency, respondent determined (1)                 
          petitioners failed to report the correct amount of wages and                
          capital gains arising from the exercise of petitioner’s ISOs, (2)           
          petitioners were not entitled to certain itemized deductions, (3)           
          petitioners were liable for AMT in excess of that reported on               
          their original return, and (4) petitioners were liable for an               
          accuracy-related penalty.  Specifically, respondent determined              
          that petitioners’ correct tax liability for 2000 totaled                    
          $3,248,961--a sum comprising regular tax of $2,511,949 and AMT of           
          $737,012.  Petitioners filed a petition for redetermination in              
          this case challenging the notice of deficiency.                             
               At the conclusion of the trial in this case, the Court                 
          directed the parties to file seriatim briefs.  After petitioners            
          filed their opening brief, respondent filed an answering brief              
          and a motion for leave to file amended answer seeking an                    
          increased deficiency and an increased accuracy-related penalty to           
          conform the pleadings to testimony offered by petitioner at                 


               6  Petitioners’ collection review case at docket No. 16864-            
          02L was stayed pending the disposition of the instant case.                 





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