- 8 - response to respondent’s November 29, 2004, notice of deficiency for the years at issue, petitioner timely filed a petition with the Court on March 2, 2005. On April 15, 2005, the Court of Federal Claims entered an order suspending Spitz v. United States, supra, pending the outcome of this case. Discussion A. ISOs and AMT 1. ISOs Generally Section 421(a) provides that, if the requirements of section 422(a) are met,4 a taxpayer does not recognize income either upon the granting5 of an ISO to the taxpayer or when the stock is transferred6 to the taxpayer upon exercise of an ISO. Recognition of income is deferred until the disposition of the stock.7 Sec. 421(a); sec. 14a.422A-1, Q&A-1, Temporary Income Tax Regs, 46 Fed. Reg. 61840 (Dec. 21, 1981). Gain on the sale 4 At all times from the date of granting the option until 3 months before the date of exercise, the option holder must be an employee of the company granting the option. Sec. 422(a)(2). 5 The date on which an ISO is granted is the date on which all corporate action necessary for the grant of the ISO is completed. Sec. 1.421-7(c)(1), Income Tax Regs. 6 For purposes of secs. 421 through 425, the term “transfer” means the transfer of ownership or substantially all rights of ownership of a share of stock to an individual pursuant to his exercise of a statutory option. Sec. 1.421-7(g), Income Tax Regs. 7 A disposition of ISO stock generally means any sale, exchange, or gift of, or transfer of legal title to, the stock. Sec. 424(c)(1).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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