- 25 - upon the exercise of a stock option), the excess of the fair market value of the property (stock) over the amount, if any, paid for the property (the exercise price) shall be included in the taxpayer’s gross income in the first year in which the taxpayer’s rights in the property are not subject to a substantial risk of forfeiture. See Montgomery v. Commissioner, 127 T.C. 43, 53-54 (2006). Petitioners assert that, of the $746,191 in taxable income reported on the Intel W-2, $606,963 is not included in gross income. Petitioners do not address this assertion in detail. However, it appears that petitioners are arguing that the $606,963 should be treated as long-term capital gain, which could be offset by long-term capital losses realized in 2000, and thus would not be included in their gross income. Petitioners’ position is without merit. Petitioner exercised on January 11 and April 17, 2000, nonqualified stock options granted to him by Intel, resulting in realized gains of $66,887 and $540,076, respectively (the spread between the exercise price and the market price of the stock on the dates of exercise). This gain is not recognized as long-term capital gain. Instead, section 83(a) and section 1.83-1(a)(1), Income Tax Regs., establish that such gain is ordinary income included in petitioners’ gross income as compensation in 2000,Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011