Mark Spitz - Page 7

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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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