Mark Spitz - Page 10

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          If the amount realized on a disqualified disposition is less than           
          the FMV at the date of exercise, the taxpayer recognizes gain               
          only to the extent of the sale price over the option price, not             
          the FMV over the option price at the date of exercise.  Sec.                
          422(c)(2).                                                                  
               Petitioner’s 2000 amended returns reported Veritas stock               
          sales resulting in qualifying and disqualifying dispositions.               
          The disqualifying dispositions were the result of selling shares            
          within 1 year of transfer.  Petitioner’s 2001 return and amended            
          return reported that all Veritas shares sold during the tax year            
          were qualifying dispositions.                                               
               2. The AMT and Its Impact on the Exercise of ISOs                      
               For regular tax purposes, section 421 defers the recognition           
          of income on the exercise of an ISO until the disposition of the            
          stock.  However, for AMT purposes, section 421 does not apply.              
          Sec. 56(b)(3).  Instead, the exercise of an ISO results in the              
          recognition of income under section 83.  See sec. 56(b)(3);                 
          Speltz v. Commissioner, 124 T.C. 165, 178 (2005), affd. __ F.3d             
          __ (8th Cir. July 14, 2006); sec. 1.83-7(a), Income Tax Regs.               
          Consequently, if the stock’s FMV exceeds the option price on the            
          date of exercise, a taxpayer recognizes ordinary income for AMT             
          purposes in the year an ISO is exercised.  Secs. 55(b)(2),                  
          56(b)(3), 83(a); Tanner v. Commissioner, 117 T.C. 237, 242                  
          (2001), affd. 65 Fed. Appx. 508 (5th Cir. 2003).                            






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