Mark Spitz - Page 13

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          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”.                                         





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