- 17 - Petitioner argues, in defense of his reporting of the stock option transactions as capital gain, that the income he received on account of the stock options was at risk from the time the options were granted until they were exercised. By contrast, petitioner argues, wage income is not at comparable risk. Thus, petitioner believes, stock options are more akin to a capital asset giving rise to capital gain than an item of compensation income. From an economic perspective, wherein petitioner's experience lies, there is some foundation for his position. Employee stock options are, however, given in exchange for services, and compensation for services generates ordinary income for Federal income tax purposes. Consequently, the Federal income tax treatment of employee stock options is a thornier issue than petitioner's observations would allow. Nonetheless, we conclude, in light of all the facts and circumstances, that petitioner's reporting of the income from the stock option transactions constituted an honest misunderstanding of the law that is reasonable in light of his experience, knowledge, and education. Consequently, there was reasonable cause for the understatement attributable to the failure to report the stock option proceeds as compensation income. To reflect the foregoing, and after concessions by both parties, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
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