-5- 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007