Anthony J. Moiseshyn & Mai Moiseshyn
CourtUnited States Tax Court
Date FiledNovember 4, 2026
Docket6587-24
JudgeFung
StatusUnpublished
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Full Opinion
United States Tax Court
T.C. Memo. 2026-114
ANTHONY J. MOISESHYN AND MAI MOISESHYN,
Petitioners
v.
COMMISSIONER OF INTERNAL REVENUE,
Respondent
__________
Docket No. 6587-24. Filed November 4, 2026.
__________
Anthony J. Moiseshyn and Mai Moiseshyn, pro sese.
Carlos S. Abarca Rodriguez, Krystle J. Andujar Garcia, Kimberly A.
Santos, and Christine A. Fukushima, for respondent.
MEMORANDUM FINDINGS OF FACT AND OPINION
FUNG, Judge: Petitioners seek redetermination of adjustments
in a Notice of Deficiency issued by the Internal Revenue Service (IRS or
respondent) for tax year 2021. Respondent determined that petitioners
failed to report capital gain, dividend, and interest income on their 2021
joint tax return and are therefore liable for a tax deficiency of $7,295
and a section 6662(a) 1 accuracy-related penalty of $2,129. Respondent
conceded the section 6662(a) penalty. 2 For the reasons set forth below,
we hold for respondent.
1 Unless otherwise indicated, statutory references are to the Internal Revenue
Code, Title 26 U.S.C. (I.R.C.), in effect at all relevant times, regulation references are
to the Code of Federal Regulations, Title 26 (Treas. Reg.), in effect at all relevant times,
and Rule references are to the Tax Court Rules of Practice and Procedure.
2 On February 20, 2026, respondent conceded the section 6662(a) accuracy-
related penalty in his Pretrial Memorandum.
Served 11/04/26
2
[*2] FINDINGS OF FACT
We draw the following facts from the Stipulation of Facts and
attached Exhibits, which were admitted at trial, and the testimony of
Mr. Moiseshyn. Petitioners resided in California when the Petition was
filed. 3 We held a trial in this case during the Court’s Los Angeles,
California, session.
I. Mr. Moiseshyn’s Employment
From 1999 until his retirement in 2025, petitioner Anthony J.
Moiseshyn worked as a sales representative for Medtronic PLC
(Medtronic). 4 As a benefit of his employment, Mr. Moiseshyn was
eligible to participate in the Medtronic Employee Stock Purchase Plan
(ESPP), a program open to all full-time employees and designed to
encourage stock ownership and retention.
The Medtronic ESPP was administered through Fidelity
Brokerage Services LLC (Fidelity). 5 Eligible employees enrolled online
and could elect to contribute between 2% and 10% of their eligible
compensation toward the purchase of Medtronic stock. Participants
could acquire Medtronic stock quarterly at 85% of its fair market value
during the applicable purchase period. Participants could also adjust
their contribution percentages from year to year depending on their
financial circumstances.
The Medtronic ESPP summary materials 6 described the tax
consequences associated with the acquisition and subsequent
3 Absent any stipulation to the contrary, our decision in this case is appealable
to the U.S. Court of Appeals for the Ninth Circuit. See I.R.C. § 7482(b).
4 Mr. Moiseshyn had retired from Medtronic as the principal sales
representative at the time of trial.
5 Fidelity was the brokerage company facilitating the Medtronic ESPP
purchases and sales. At trial the parties referred to Fidelity when discussing the
reporting of the securities sale.
6 We admitted Exhibit 9-P over respondent’s relevance objection that any
information in the document would have no bearing on the treatment of petitioners’
income for 2021. Exhibit 9-P, titled “2024 Employee Stock Purchase Plan Summary,”
for Medtronic, is dated December 2023. Mr. Moiseshyn stated that he did not think the
wording changed from 2021 to 2024 because when he asked Medtronic for the wording
for 2021, they had provided this document to him. Although we admitted Exhibit 9-P
as a document reflecting the Medtronic ESPP for 2024, we note that our general
description of the Medtronic ESPP is based on this document. However, we draw no
conclusions from Exhibit 9-P regarding petitioners’ proper tax reporting for 2021.
3
[*3] disposition of ESPP shares. Depending on the applicable holding
period, some or all of the discount received upon purchase could be
treated as ordinary income reportable on the participant’s Form W–2,
Wage and Tax Statement. If a participant made a “disqualifying
disposition” by selling shares before completing the two-year holding
period, then ordinary income generally equaled the difference between
the stock’s fair market value on the purchase date and the participant’s
purchase price. Any additional gain in excess of the amount treated as
ordinary income generally constituted capital gain.
Mr. Moiseshyn regularly acquired and disposed of stock through
the Medtronic ESPP. From March 31, 2015, through March 31, 2020, as
relevant to the tax year at issue, he acquired numerous shares of
Medtronic stock through Fidelity, accumulating an aggregate cost basis
of $57,498.37. On June 2, 2021, Mr. Moiseshyn sold those shares for
aggregate proceeds of $99,805.16, generating gain of $42,306.79.
National Financial Services, LLC (National Financial Services),
reported the transaction on Forms 1099–B, Proceeds From Broker and
Barter Exchange Transactions.
II. Tax Year 2021
During 2021 petitioners received dividend income totaling $1,345
from Charles Schwab & Co., Inc. (Charles Schwab), and National
Financial Services, and interest income of $146 from a tax refund issued
by the U.S. Department of the Treasury (U.S. Treasury). That same
year, Medtronic issued Mr. Moiseshyn Form W–2, reporting wages and
other compensation of $272,568 in Box 1. Petitioners’ principal sources
of income during 2021 were Medtronic, Stunning Wellness and Laser,
and Moiseshyn Inc. Mr. Moiseshyn’s compensation from Medtronic
consisted of a bimonthly salary and quarterly sales commissions paid
under a term agreement, the amount of which fluctuated from quarter
to quarter.
Petitioners hired a tax return preparer to file their joint tax
return for 2021. According to petitioners, their tax preparer believed
that all income attributable to Medtronic, including compensation and
income related to the stock sale, had already been reflected in the
$272,568 figure reported on Mr. Moiseshyn’s Form W–2. Consistent
with that understanding, petitioners neither reported the sale of the
Medtronic stock on their 2021 joint tax return nor attached Schedule D,
Capital Gains and Losses, reporting capital gain from the stock sale.
4
[*4] Respondent examined petitioners’ 2021 joint tax return. Relying
on Forms 1099–DIV, Dividends and Distributions; Forms 1099–B; Form
1099–INT, Interest Income; and Forms W–2, respondent determined
that petitioners had unreported income totaling $43,800, consisting of
$42,309 in gain from the sale of securities, $1,345 in dividends, and $146
in interest. On January 22, 2024, respondent issued the Notice of
Deficiency.
On March 4, 2026, the parties filed a Stipulation of Facts, in
which respondent agreed to increase petitioners’ basis in the Medtronic
stock from $57,498.37 to $67,658.42. As a result of that adjustment, the
remaining amount in dispute attributable to the stock sale is
$32,146.74.
OPINION
I. Burden of Proof
The Commissioner’s determinations in a Notice of Deficiency are
generally presumed correct, and the taxpayer bears the burden of
proving them erroneous. See Rule 142(a); Welch v. Helvering, 290 U.S.
111, 115 (1933). In the context of unreported income, the Ninth Circuit
has held that before the Notice of Deficiency is entitled to a presumption
of correctness, such determinations must be supported by substantive
evidence to connect the taxpayer with the income-producing activity,
Weimerskirch v. Commissioner, 596 F.2d 358, 361–62 (9th Cir. 1979),
rev’g 67 T.C. 672 (1977), or must demonstrate that the taxpayer actually
received income, Edwards v. Commissioner, 680 F.2d 1268, 1270–71
(9th Cir. 1982) (per curiam).
Respondent produced the following substantive evidence
establishing the requisite link between petitioners and each source of
income at issue: (1) Forms 1099–B reflecting gain from sales of securities
from National Financial Services; (2) Forms 1099–DIV reflecting
dividends received from Charles Schwab and National Financial
Services; and (3) Form 1099–INT reflecting interest received from the
U.S. Treasury. The Commissioner may not rely solely on third-party
information reporting if the taxpayer raises a reasonable dispute as to
the accuracy of the third-party reporting. See I.R.C. § 6201(d).
Petitioners did not challenge or address the accuracy of the Forms
1099–B, 1099–DIV, or 1099–INT, so we conclude that respondent has
established the required minimal evidentiary foundation with respect to
the income.
5
[*5] Once the Commissioner establishes the requisite evidentiary
foundation, the burden shifts to the taxpayer to prove by a
preponderance of the evidence that the Commissioner’s determination
of income is arbitrary or erroneous. Delaney v. Commissioner, 743 F.2d
670, 671 (9th Cir. 1984), aff’g T.C. Memo. 1982-666. Mr. Moiseshyn
credibly testified to his understanding of the reporting of the Medtronic
ESPP stock sales and offered Exhibits to support that understanding;
however, for the reasons below, the Court is not persuaded that
petitioners have shown that respondent’s determination was incorrect.
II. Unreported Income
“[G]ross income means all income from whatever source derived,”
including, as relevant here, gains derived from dealings in property,
interest, and dividends. See I.R.C. § 61(a)(3), (4), (7). Petitioners had
three types of unreported income for tax year 2021. We address each in
turn.
A. Securities Income from the Medtronic ESPP
Section 423 allows for the favorable tax treatment of transfers of
stock for the exercise of options granted by an employee stock purchase
plan as defined in section 423(b). See I.R.C. § 421. Section 423(c)
determines the amount of compensation recognized when the option
price is between 85% and 100% of the value of the stock. As relevant
here, Mr. Moiseshyn would receive favorable treatment on a portion of
the gain if he satisfied the holding period requirements of section
423(a)(1) before his disposition of the Medtronic ESPP stock. 7
Mr. Moiseshyn contends that petitioners are not liable for tax on
the gain from the disposition of the Medtronic ESPP stock solely because
that income was already included in the $272,568 in Box 1 of his Form
W–2 from Medtronic. He testified that Medtronic did not provide him
with any information about how to report the sale of the Medtronic
ESPP shares and that his only guidance was to direct any questions
concerning the equities to Fidelity, which he described as acting “as a
7 Section 423 provides favorable tax treatment only for stock acquired pursuant
to a qualified employee stock purchase plan. See also I.R.C. § 421. The parties did not
meaningfully dispute whether the Medtronic ESPP satisfied the requirements of a
qualified plan, and neither party developed the issue at trial. See Leahy v.
Commissioner, 87 T.C. 56, 73–74 (1986) (finding that arguments not advanced are
treated as abandoned). Accordingly, we assume that the Medtronic ESPP qualified for
treatment under sections 421 and 423 and analyze the parties’ arguments on that
basis.
6
[*6] fiduciary” over the shares. He stated that he felt “kind of caught in
the middle” between Medtronic and Fidelity, each company pointing
him to the other for the information he sought.
Mr. Moiseshyn further testified that nothing Medtronic gave him
affirmatively stated that the ESPP proceeds were included, in whole or
in part, within the wages reported in Box 1 of his Form W–2. His position
rests primarily on the wording in Fidelity’s tax reporting materials,
specifically the document titled “Employee Stock Purchase Plan
(Qualified)” admitted at trial as Exhibit 8-P. Exhibit 8-P states that
“ESPP income will usually be included with . . . other compensation in
[B]ox 1.” (Emphasis added.) But Exhibit 8-P also explains that
employees may be required to report ordinary income upon disposition
of ESPP shares and remain responsible for reporting such income even
if it is not reflected on a Form W–2. Thus, Exhibit 8-P neither
establishes that the gain from Mr. Moiseshyn’s stock disposition was
included in Box 1 of his Form W–2 nor otherwise indicates how Mr.
Moiseshyn’s stock disposition was reported. Given the disclaimers in
Exhibit 8-P, Mr. Moiseshyn should have understood that Medtronic was
not providing any certainty regarding the reporting of income on his
Form W–2, and more importantly, that it was petitioners’ responsibility
to report and pay any tax related to a stock sale.
Mr. Moiseshyn did not provide a pay statement from Medtronic
for tax year 2021, any documents from Medtronic describing how the
Medtronic ESPP proceeds were reported in 2021, or any contact
information for a Medtronic employee who could confirm his claim. He
testified that he reached out to Medtronic to request a 2021 pay
statement but was unable to obtain one and did not have a copy in his
possession. To support his position, Mr. Moiseshyn requested that the
Court admit Exhibit 9-P, “2024 Employee Stock Purchase Plan
Summary,” and Exhibit 10-P, “2024 Employee Stock Purchase Plan.” At
his request, we admitted both Exhibits; however, these documents
discuss the purpose of the Medtronic ESPP and provide guidance on
purchasing ESPP stock. The documents do not clarify whether the gain
from the sale of the Medtronic ESPP stock was included on Mr.
Moiseshyn’s 2021 Form W–2. Even if they did, they do not pertain to the
tax year at issue.
We are not convinced that the gain from the disposition of Mr.
Moiseshyn’s Medtronic ESPP stock was included in the wages reported
on his 2021 Form W–2. A taxpayer bears the burden of substantiating
factual claims supporting a challenge to a deficiency determination. See
7
[*7] generally Hradesky v. Commissioner, 65 T.C. 87, 89–90 (1975), aff’d
per curiam, 540 F.2d 821 (5th Cir. 1976). Petitioners rely on their
interpretation of generalized statements in Fidelity’s tax-reporting
materials rather than on evidence showing how Medtronic actually
reported Mr. Moiseshyn’s compensation. See Tokarski v. Commissioner,
87 T.C. 74, 77 (1986) (finding that the Court is not required to accept
self-serving testimony without any evidence provided to support it). The
materials petitioners rely upon expressly state that ESPP income is
“usually” included in Box 1 wages and caution that employees remain
responsible for reporting ordinary income if their employer does not
include it on a Form W–2. The Exhibits petitioners submitted likewise
do not address the reporting of the stock disposition at issue and, in any
event, relate to a different tax year. Accordingly, petitioners have not
proved that they are not liable for tax on $32,146.74 in unreported
securities income.
B. Dividends from Charles Schwab and National Financial
Services
Section 61(a)(7) provides that gross income includes dividends.
Respondent determined that petitioners failed to report dividend income
from Charles Schwab and National Financial Services totaling $1,345,
as reflected on Forms 1099–DIV. Petitioners stipulated that they
received taxable dividend income of $1,345 and did not offer any
argument or evidence to dispute respondent’s determinations. We
therefore sustain respondent’s determinations with respect to dividend
income from Charles Schwab and National Financial Services.
C. Interest from the U.S. Treasury
Section 61(a)(4) provides that interest credited to a taxpayer
constitutes gross income and is fully taxable. See Treas. Reg. § 1.61-7.
Respondent determined that petitioners failed to report $146 of interest
credited to them from the U.S. Treasury. Petitioners stipulated that
they received interest income from the IRS of $146.14 and did not offer
any argument or evidence to dispute respondent’s determination.
Neither party addressed the $0.14 difference. Acknowledging the
stipulated amount, we sustain respondent’s determination with respect
to interest income from the U.S. Treasury.
8
[*8] III. Conclusion
For the foregoing reasons, we hold that petitioners are liable for
tax on unreported securities income of $32,146.74, dividend income of
$1,345, and interest income of $146.
We have considered all of the arguments made by the parties and,
to the extent not mentioned above, we conclude that they are moot,
irrelevant, or without merit.
To reflect the foregoing,
Decision will be entered under Rule 155.