Jeffrey Chou and Cindy Chou - Page 5




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               year 2001 instead of tax year 2000.  Taxpayers received                
               stock pursuant to IRC Sec. 422 through the exercise of                 
               an * * * [ISO] in tax year 2000, and initially treated                 
               the stock as an AMT preference item in tax year 2000.                  
               However, the stock contained a substantial restriction                 
               of forfeiture under IRC Sec. 83(c)(1); therefore, the                  
               stock vested for AMT preference purposes when the                      
               restriction lapsed in tax year 2001.  Taxpayers have                   
               filed an amended return for 2000 reflecting this                       
               change.                                                                
                           *    *    *    *    *    *    *                            
                    In taxpayers’ case, they exercised an ISO under                   
               IRC Sec. 422.  To qualify for the capital gain benefits                
               provided by the statute, taxpayers were required to                    
               hold the stock for at least 12 months.  This 12-month                  
               restriction constitutes a substantial risk of                          
               forfeiture since rights in property were conditioned                   
               upon the occurrence of a specified event (the 12-month                 
               holding period) related to the transfer, and the                       
               failure to hold the stock for 12 months causes a                       
               substantial forfeiture (the loss of capital gain                       
               benefits under IRC Sec. 422).                                          
                    When stock is subject to a substantial risk of                    
               forfeiture as defined in IRC Sec. 83, the date for the                 
               calculation of the AMT preference and for inclusion                    
               thereof in AMT is the date the restrictions lapse.  The                
               12-month restriction lapsed in 2001 and the value of                   
               the stock on the date the restriction lapsed will be                   
               used for AMT purposes.                                                 
               The liability shown on petitioners’ 2000 return filed in               
          April 2001 was assessed based on petitioners’ reporting.  The IRS           
          accepted petitioners’ amended return for 2001 and made a second             
          assessment against petitioners in the amount of $578,052 on                 
          September 29, 2003.  The IRS did not accept petitioners’ amended            
          return for 2000.  On November 10, 2003, the IRS sent petitioners            
          a Notice of Intent to Levy for 2001.  On the same date, the IRS             
          sent petitioners a collection letter showing the unpaid balance             






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