Evan and Carol Marcus - Page 6




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          an income base broader than that applicable for regular tax                 
          purposes.  Allen v. Commissioner, 118 T.C. 1, 5 (2002).                     
               AMTI is defined as the taxable income of a taxpayer                    
          determined with adjustments provided in sections 56 and 58, and             
          increased by items of tax preference described in section 57.               
          Sec. 55(b)(2); Merlo v. Commissioner, 126 T.C. 205, 209 (2006),             
          affd.     F.3d     (5th Cir., July 17, 2007); Allen v.                      
          Commissioner, supra at 5.  Pertinent to this case, for purposes             
          of computing a taxpayer’s AMTI, section 56(b)(3) provides that              
          section 421 shall not apply to the transfer of stock acquired               
          pursuant to the exercise of an ISO.  Therefore, the spread                  
          between the exercise price and the fair market value of the stock           
          on the date of exercise is treated as an item of adjustment and             
          is included in AMTI.5  Sec 83(a); Tanner v. Commissioner, 117               
          T.C. 237, 242 (2001), affd. 65 Fed. Appx. 508 (5th Cir. 2003);              
          sec. 1.83-7(a), Income Tax Regs.                                            
               As a result of these differing treatments, a taxpayer                  
          subject to the AMT has two different bases in the shares of stock           
          he received upon exercising the ISO: a regular basis and an                 
          adjusted AMT basis.  Merlo v. Commissioner, supra at 209; Spitz             
          v. Commissioner, T.C. Memo. 2006-168.  The taxpayer’s regular               
          basis is the exercise price.  See sec. 1012.  The adjusted AMT              


               5If the taxpayer’s rights in the shares are subject to a               
          substantial risk of forfeiture or not transferable, income is not           
          recognized at the time of exercise.  Sec. 83(a).                            





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