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3. Other Amended Returns for 2000 and 2001
Petitioner attempted to file three other amended returns,
two for 2000 and one for 2001 based upon advice from Mr.
Isaacson. Each return was prepared by Mr. Isaacson and included
Form 8275. The IRS accepted none of these additional returns.
In addition, on April 15, 2003, petitioner filed a separate Form
1040X for 2000 and for 2001 with the handwritten notation “Notice
of protective/incomplete claim” claiming a refund of $1 for each
year and containing the following statement:
The taxpayer’s original return erroneously
reported an amount due based on an incorrect
valuation and/or inclusion of stock options (both
qualified and non qualified) and the incorrect
application of the AMT net operating loss and AMT
credit. A list of the legal grounds supporting
the amended return’s valuation of stock options
and/or exclusion of such options from income along
with the correct application of the AMT net
operating loss and AMT credit is attached to this
form. The application of the attached legal
arguments to the taxpayer’s stock option
transactions will result in a change in the amount
due for lines 1, 5 through 10, and 19 through 24
on the front of this 1040X form. The exact amount
of the refund will be determined pending the final
determination of facts and the release of a
technical advice memo or court decision.
The notice of deficiency issued November 29, 2004, specifically
denied the $1 refund claims for 2000 and 2001.
C. Procedural Background
On January 30, 2004, petitioner filed a complaint in the
Court of Federal Claims, Spitz v. United States, No. 04-130T,
requesting refunds for the years 1999, 2000, and 2001. In
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