Robert C. and Gail K. Racine - Page 16

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          the tax withholding payments) when she exercised her options.               
          Consequently, this factor also weighs against finding that the              
          substance of the transaction was the same as the grant of an                
          option.  Facq v. Commissioner, supra; Hilen v. Commissioner,                
          supra.                                                                      
               In summary, the facts and circumstances indicate that in               
          substance, Mrs. Racine’s use of her margin account to exercise              
          her options to buy Allegiance stock was not the same as the grant           
          of an option.                                                               
               Therefore, we find that a transfer of stock occurred under             
          section 83 when Mrs. Racine exercised her stock option in 2000              
          and that the exception treating some transfers as grants of                 
          options does not apply.  Accordingly, we sustain respondent’s               
          determination that Mrs. Racine received income in 2000 when she             
          exercised her options.                                                      
          II. Accuracy-Related Penalty                                                
               We next consider whether petitioners are liable for the                
          accuracy-related penalty.                                                   
               Section 6662 imposes an accuracy-related penalty on the                
          portion of an underpayment attributable to negligence or                    
          disregard of the rules or regulations.  Sec. 6662(b)(1).  The               
          term “negligence” includes any failure to make a reasonable                 
          attempt to comply with the provisions of the internal revenue               
          laws or to exercise ordinary and reasonable care in the                     






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