-10- that certain deferral preferences (such as accelerated depreciation) cannot be treated simply as add-ons if total income is to be computed properly over time. For such preferences, the minimum tax deduction may in some instances exceed the regular tax deduction (e.g. in the later years of an asset’s life), thus ensuring that basis will be fully recovered under both the regular and the minimum tax systems. * * * [Emphasis added; fn. ref. omitted.] Petitioners’ reliance is misplaced. Basis recovery through depreciation deductions for property used in a trade or business or for production of income is not analogous to the recovery of basis for stock, a nondepreciable capital asset. Basis of stock may be recovered under both the regular and the AMT systems, but when that stock is sold at a loss, respect must be given to the limitations on capital losses that are provided in sections 1211, 1212, and 172(d)(2). These provisions are equally applicable to the AMT as well as the regular tax system. Montgomery v. Commissioner, supra; Merlo v. Commissioner, supra; Spitz v. Commissioner, T.C. Memo. 2006-168. We therefore hold that the difference between the adjusted AMT basis and the regular tax basis of stock received by ISO is not a tax adjustment taken into account in the calculation of an ATNOL in the year the stock is sold. Furthermore, the sale of petitioners’ Veritas stock received through the exercise of ISOs is a sale of a capital asset and thus does not create an ATNOL due to the restrictions of section 172(d). Merlo v. Commissioner, supra.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007