- 5 - of $64,000 with their return.3 Respondent assessed the tax reported on the return. On November 21, 2003, petitioners filed a Form 1040X, Amended U.S. Individual Income Tax Return, for the 2000 year reporting a tax liability of $259,685 and requesting a refund of $368,170.4 The refund was based upon Mrs. Racine’s reduction of wage income by the spread (between fair market value of the stock and the option exercise price) generated by the exercise of her nonstatutory stock options. Petitioners contended that the exercise of these options should not have been taxed on the value at the date of exercise according to section 1.83-3(a)(2) and (7) Example (2), Income Tax Regs., because petitioners exercised their shares with nonrecourse debt secured by the stock and did not have their own capital at risk. The requested refund amount of $368,170, plus the statutory interest of $59,605.65, was paid to petitioner on January 12, 2004.5 3Accompanying this underpayment was a letter outlining how petitioners intended to pay the balance due. 4This amount was obtained by taking the difference between payment on the initial return ($563,855), the new tax liability ($259,685), and then adding the subsequent payment made ($64,000). 5In respondent’s response to petitioners’ motion for partial summary judgment, respondent alleges that after a review was conducted by IRS Appeals Officer S. Danlowycz, the refund payment was erroneously made to petitioners.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