Jorge O. and Clelia E. Svoboda - Page 11

                                       - 11 -                                         
          2001-14, 2001-1 C.B. 516.                                                   
               While on this record we are not persuaded that petitioner              
          held ISOs, the result in this case is the same whether the stock            
          was acquired pursuant to ISOs or nonqualified stock options.                
          That is because it is undisputed that in both transactions                  
          petitioner exercised his option to acquire the stock, and sold              
          the stock, on the same day.  Thus, if one assumes petitioner held           
          ISOs, he nonetheless would have forfeited the deferral and                  
          capital gains treatment provided in section 421(a), by virtue of            
          his sale of the stock on the day it was transferred to him, in              
          violation of the 1-year holding period mandated in section                  
          422(a)(1).  As a consequence, he would have realized ordinary               
          income upon the disposition of the stock, under section 83(a),              
          equal to the difference between the option price and the fair               
          market value of the stock on the date of exercise.  Sec. 421(b);            
          Spitz v. Commissioner, supra; sec. 14a.422A-1, Q&A-2(a),                    
          Temporary Income Tax Regs., 46 Fed. Reg. 61840 (Dec. 21, 1981).             
               Alternatively, if one assumes petitioner held nonqualified             
          stock options, then petitioners were required to recognize                  
          ordinary income, under section 83(a), upon the transfer of the              
          stock to petitioner in 2002 pursuant to the exercise of his                 


               7(...continued)                                                        
          Flour stock's fair market value on the exercise date over the               
          exercise price.  See Merlo v. Commissioner, 126 T.C. 205, 209               
          (2006).                                                                     




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011