-9- 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011