Evan and Carol Marcus - Page 5




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               Petitioners attempted to file three other amended returns.             
          On April 15, 2003, petitioners submitted their second amended               
          2000 return, and second amended 2001 return, which were both                
          designated “Notice of protective/incomplete claim.”  Respondent             
          did not process these returns.  On January 26, 2004, petitioners            
          submitted their third amended 2000 return, which respondent did             
          not process.                                                                
               On March 14, 2005, respondent issued a notice of deficiency            
          to petitioners with respect to 2000 and 2001.  With respect to              
          2000, respondent denied petitioners’ claimed ATNOL deduction,               
          carried back from 2001, of $1,909,562, resulting in a deficiency            
          of $491,829.  With respect to 2001, respondent reduced                      
          petitioners’ prior year minimum tax credit from $414,212 to                 
          $213,748, resulting in a deficiency of $178,664.                            
                                     Discussion                                       
          A. The Alternative Minimum Tax and Incentive Stock Options                  
               Generally, a taxpayer is not required to recognize income              
          upon the grant or exercise of an ISO.  Sec. 421(a).  Although a             
          taxpayer generally defers tax liability resulting from the                  
          exercise of ISOs until the taxpayer later sells the stock, the              
          taxpayer may nevertheless incur AMT liability.  Secs. 56(b)(3),             
          421(a).  This is because the AMT, a tax imposed in addition to              
          all other taxes, is determined with respect to a taxpayer’s AMTI,           








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