- 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
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