Jonathan N. and Kimberly A. Palahnuk - Page 1

                                   127 T.C. No. 9                                     


                               UNITED STATES TAX COURT                                


                JONATHAN N. AND KIMBERLY A. PALAHNUK, Petitioners v.                  
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 12015-05.          Filed October 11, 2006.                  


                    In 2000, P acquired stock through his exercise of                 
               an incentive stock option (ISO) within the meaning of                  
               sec. 422(b), I.R.C.  P realized no income or loss on                   
               the exercise for purposes of computing Ps’ 2000 taxable                
               income but realized $2,086,009 of income for purposes                  
               of computing Ps’ 2000 alternative minimum taxable                      
               income (AMTI).  In 2001, P sold the stock and realized                 
               on the sale a regular tax capital gain of $148,461 and                 
               an alternative minimum tax (AMT) capital loss of                       
               $1,937,547.  During 2001, P also realized $153,625 of                  
               capital losses unrelated to any ISO.  Ps calculated                    
               their 2001 taxable income by including $3,000 of their                 
               regular tax capital loss resulting from all of the                     
               sales.  Ps argue that they may calculate their 2001                    
               AMTI by reducing their 2001 taxable income by the                      
               $2,086,009 difference (as rounded) between the $148,461                
               regular tax capital gain and $1,937,547 AMT capital                    
               loss attributable to the stock related to the ISO.  Ps                 
               argue alternatively that their 2001 AMTI is calculated                 
               by reducing their 2001 taxable income by the $151,461                  





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