- 4 - The aforementioned ISO spread represents the differential between the exercise price and the fair market value of the underlying stock as of the date an option is exercised. The above-described gain, although excludable from petitioner’s year 2000 taxable income pursuant to section 421(a), was includable in her alternative minimum taxable income (AMTI) pursuant to section 56(b)(3). Petitioner did not sell any of the shares in 2000 and properly reported the $2,726,988 gain on her return for that year. The value of petitioner’s PMCS stock purchased under the ISOs fell dramatically after the ISOs were exercised in 2000 but before the stock was sold in 2001, so that the actual selling price over petitioner’s exercise price under the ISOs produced for regular tax purposes a gain that was only a small fraction of the AMT gain required to be reported on petitioner’s 2000 Federal income tax return, and a tax that was also substantially less than the $786,547 tax which petitioner reported on her 2000 return. Cf. Merlo v. Commissioner, 126 T.C. 205, 209-210 (2006). On December 20, 2001, petitioner submitted a Form 656, Offer in Compromise (OIC), which stated as the reasons Doubt as to Liability, Doubt as to Collectibility, and Effective Tax Administration. The amount of the offer was left blank, to which respondent’s “offer unit” inserted $1 to permit the Internal Revenue Service (IRS) to begin review of the OIC. Petitioner’sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011