- 12 - imposed on the gain from exercise of the ISO results in payment of tax on income the taxpayer may never actually receive.10 In an attempt to avoid these harsh results petitioner asserts: (1) The capital loss limitations under sections 1211(b) and 1212(b) do not apply to the computation of AMTI; (2) he is entitled to carry back capital losses as an ATNOL to reduce his AMTI in the years at issue; and (3) he is not liable for accuracy-related penalties under section 6662 for the tax years at issue. B. Section 1211 Generally, losses generated by the sale or exchange of capital assets are allowed only to the extent allowed in sections 1211 and 1212. Sec. 165(f). Section 1211(b) requires a noncorporate taxpayer to first offset capital losses against capital gains. If aggregate capital losses exceed aggregate capital gains, up to $3,000 of the excess may be deducted against ordinary income. Sec. 1211(b). If a noncorporate taxpayer has capital losses exceeding the limitations of section 1211(b), the 10 This became an acute problem in 2001 after the market crash of the stock of so-called dot.com companies. Many employees exercised ISOs in 1999 and 2000 at a time when the underlying stock had substantially appreciated. Also, many employees intentionally waited the 1-year holding period before selling the stock in order to recognize capital gain, as opposed to ordinary income, on the stock’s appreciation for regular tax purposes. In 2001, after the stock crash, the employees found their stock’s value had substantially decreased, leaving the employees with substantial AMT capital losses.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011