- 13 - unused losses may only be carried forward to subsequent tax years, not back. See sec. 1212(b). Starting on November 30, 1999, and ending May 1, 2001, petitioner exercised Veritas stock options and recognized large amounts of ordinary income for AMT purposes. However, market values fell, and petitioner sold, over a period extending from February 28, 2000, through December 27, 2002, all of the Veritas stock he had acquired by exercising the ISOs. Petitioner sold most of the shares at prices below FMV at the date of exercise. As a result, petitioner recognized large AMT capital losses with minimal AMT capital gains.11 Petitioner contends that the capital loss limitations of sections 1211(b) and 1212(b) do not apply to AMT capital losses for purposes of calculating AMTI. In general, all the Code provisions that apply in computing regular taxable income also apply when determining a taxpayer’s AMTI, except as otherwise provided by statute, regulation, or other publication issued by the Commissioner. Loomis v. Commissioner, T.C. Memo. 1997-381; sec. 1.55-1(a), Income Tax Regs. Section 55 is unambiguous. The computation of AMTI requires a taxpayer to first compute his regular taxable income and then adjust that amount to reflect the items described in 11 To avoid confusion between petitioner’s capital losses, the Court refers to his capital loss for regular tax purposes as his “regular capital loss” and refers to his capital loss for AMT purposes as his “AMT capital loss”.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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