- 10 - by the option holder within 2 years of the granting of the option or within 1 year after the stock's transfer to him, section 421 does not apply, and the stock's acquisition and sale are taxed under the provisions of section 83. Sec. 422(a)(1); Spitz v. Commissioner, supra; sec. 14a.422A-1, Q&A-2(a), Temporary Income Tax Regs., 46 Fed. Reg. 61840 (Dec. 21, 1981). Petitioners contend that petitioner acquired the Fluor stock at issue pursuant to ISOs. Their only evidence for this claim is petitioner's testimony to that effect. All other evidence in the record points to the contrary conclusion that the options petitioner held were nonqualified options. The computation worksheets provided to petitioner by Fluor concerning the two stock option transactions were each entitled "Computation Worksheet for Non-Qualified Stock Option Exercise for Shares", and each described the difference between the option price and the fair market value of the stock at exercise as either the "wage element" or "taxable compensation". The Form W-2 issued by Fluor to petitioner reported the proceeds from the stock option transactions under the "Nonqualified plans" category. Finally, Fluor collected withholding taxes with respect to the proceeds, which would not have been required with respect to the disposition of stock acquired pursuant to an ISO.7 See Notice 7 Moreover, had petitioner been granted ISOs (as he claims) which were exercised in 2002, he would have had alternative minimum taxable income in 2002 measured by the excess of the (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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