- 15 - Section 6330 and Liability for 2001 Our jurisdiction in this case is predicated upon section 6330(d)(1)(A), which gives the Tax Court jurisdiction “with respect to such matter” as set forth in the determination of the Appeals Office. Greene-Thapedi v. Commissioner, 126 T.C. 1, 6 (2006); Freije v. Commissioner, 125 T.C. 14, 25 (2005). Petitioners originally reported almost $2 million in AMT liability for 2000 as a result of Mr. Chou’s exercise of his Cisco options. Stunned by the consequence and unable to secure relief through an OIC, petitioners then filed amended returns claiming that the liability should have been reported in 2001, when it would be substantially lower because of the reduced value of the stock. Petitioners now contend that, by assessing the tax based on their amended 2001 return, the IRS “accepted” their position and is required, by the “duty of consistency”, to abate the liability for 2000. In their amended returns, in their OIC, and in their briefs, petitioners assert that the capital gains holding period under section 422 renders the stock that they acquired through exercise of Cisco ISOs nontransferable for 12 months without “forfeiture” of the favorable tax rates on capital gains. Their argument cites section 83(a), which deals with the time for recognizing income from property transferred in connection with the performance of services. This “risk of forfeiture” argument isPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 10, 2007