- 12 - options, equal to the difference between the option price and the fair market value of the stock on the date of transfer. Petitioner's sale of the stock on the same day generates no gain, as his basis in the stock (consisting of his option price and the amount of ordinary income recognized under section 83(a)) equaled his sales price. Petitioner contends, however, that his Fluor stock options were ISOs and that he satisfied the holding period of section 422(a)(1). That section provides as follows: SEC. 422. INCENTIVE STOCK OPTIONS (a) In General.--Section 421(a) shall apply with respect to the transfer of a share of stock to an individual pursuant to his exercise of an incentive stock option if-- (1) no disposition of such share is made by him within 2 years from the date of the granting of the option nor within 1 year after the transfer of such share to him * * * IRS Publication 525 (as applicable for the preparation of 2002 Federal income tax returns) provides an explanation of the section 422(a)(1) holding period requirement as follows: If you receive a statutory stock option, do not include any amount in your income either when the option is granted or when you exercise it. You have taxable income or deductible loss when you sell the stock that you bought by exercising the option. Your income or loss is the difference between the amount you paid for the stock (the option price) and the amount you receive when you sell it. You generally treat this amount as capital gain or loss and report it on Schedule D (Form 1040), Capital Gains and Losses, forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011