Jonathan N. and Kimberly A. Palahnuk - Page 9

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          items described in part VI.  Thus, petitioners must calculate               
          their 2001 AMTI by adjusting their 2001 taxable income to reflect           
          the mandate of section 56(b)(3) that their AMTI be computed using           
          their AMT adjusted basis in the stock acquired through the                  
          exercise of petitioner’s ISO rather than their regular tax                  
          adjusted basis in that stock.  In other words, given that                   
          petitioners computed their 2001 taxable income by factoring in a            
          $3,000 capital loss, petitioners’ adjustment under section                  
          56(b)(3) must reflect the substitution of that $3,000 capital               
          loss with the $3,000 allowable portion of their 2001 AMT capital            
          loss (discussed below).                                                     
               Petitioners calculate their 2001 AMTI by reducing their                
          taxable income by the $148,461 regular tax capital gain                     
          attributable to petitioner’s ISO (rather than the $3,000 capital            
          loss factored into the computation of their 2001 taxable income).           
          We do not do similarly.  In addition to the sales underlying the            
          $148,461 capital gain, petitioners had other sales of capital               
          assets during 2001.  Although those other sales were unrelated to           
          petitioner’s ISO, they are nevertheless sales that entered into             
          the calculation of petitioners’ 2001 regular tax capital loss               
          and, hence, must necessarily enter into the calculation of                  
          petitioners’ adjustment under section 56(b)(3).  Considering all            
          of the sales together, petitioner realized a regular tax capital            
          loss of $5,164 (the sum of the non-ISO losses of $153,625 and the           






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