Evan and Carol Marcus - Page 2




                                         -2-                                          
                    Held:  The difference between the adjusted AMT                    
               basis and the regular tax basis of stock received                      
               through the exercise of an ISO is not a tax adjustment                 
               taken into account in the calculation of an ATNOL in                   
               the year the stock is sold.                                            


               Don Paul Badgley and Brian G. Isaacson, for petitioners.               
               Julie L. Payne, for respondent.                                        


                                       OPINION                                        

               HAINES, Judge:  Respondent determined deficiencies in                  
          petitioners’ Federal income taxes of $491,829 and $178,664 for              
          the years 2000 and 2001 (years at issue), respectively.  After              
          concessions,1 the issue for decision is whether petitioners may             
          increase their 2001 alternative tax net operating loss (ATNOL) by           
          the difference between the adjusted alternative minimum tax (AMT)           
          basis and the regular tax basis of stock received through the               
          exercise of incentive stock options (ISOs) in 2000, but sold in             
          2001.                                                                       







               1Respondent concedes that petitioners are not liable for               
          accuracy-related penalties under sec. 6662 for the years at                 
          issue, and that petitioners’ 2001 capital gain will be reduced by           
          $58,244.  Petitioners concede that they are required to report              
          additional capital gain of $15,147 for 2000.                                






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 10, 2007