- 2 - petitioners received income in 2000 when petitioner Gail Racine (Mrs. Racine) exercised her nonstatutory stock options through a margin account and whether petitioners are liable for the accuracy-related penalty under section 6662(a) for 2000. We hold that petitioners received income in 2000 when Mrs. Racine exercised her stock options, but petitioners are not liable for the accuracy-related penalty for 2000. Background The parties agree that there is no genuine issue of material fact regarding the stock option issue and that a decision may be rendered as a matter of law. The facts concerning the accuracy- related penalty have been fully stipulated pursuant to Rule 122.2 These facts and the accompanying exhibits are incorporated herein by this reference. Petitioners, husband and wife, resided in Elburn, Illinois, at the time they filed the petition. Mrs. Racine was employed by Allegiance Telecom, Inc. (Allegiance) during the 2000 tax year. As a part of her compensation package, she was granted nonstatutory employee stock options to acquire Allegiance shares. Mrs. Racine used her stock 2This case was originally before the Court for hearing petitioner’s motion for partial summary judgment and respondent’s cross-motion for summary judgment. At the hearing, a joint motion was filed for leave to submit case under Rule 122. The parties agreed that the accuracy-related penalty portion of this case could be fully stipulated for decision. At the conclusion of the hearing, the Court took the parties’ respective motions under advisement.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011