Flahertys Arden Bowl, Inc. - Page 4




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          account to lend $200,100 to petitioner.  Mr. Flaherty also                  
          directed the trustee of his pension plan account to lend                    
          petitioner an additional $25,900.  Mr. Flaherty, as an officer of           
          petitioner, executed notes payable to the plans in exchange for             
          the loans.  The loans were payable upon demand and provided for             
          interest at a market rate plus 1 percent.  Petitioner timely paid           
          interest on the loans.  While the loans were outstanding, each              
          plan listed the notes as assets on its books and records.  The              
          principal of both loans was repaid on April 5, 1994.                        
               Before his direction to the plans, Mr. Flaherty contacted              
          Marvin Braun (Mr. Braun) at U.S. Bank, National Association, and            
          discussed the loans.  Mr. Braun is a lawyer and has provided                
          services for qualified retirement plans since 1971.  Mr. Flaherty           
          asked whether, under the plan agreements, he could direct that              
          the loans be made and whether section 4975 would apply to                   
          petitioner.  Mr. Braun advised him that the loans could be made             
          and that section 4975 would not apply.  Mr. Braun was aware of              
          the relationship between Mr. Flaherty and petitioner.  In                   
          directing that the loans be made, Mr. Flaherty relied on Mr.                
          Braun’s advice.                                                             
               Petitioner did not file a Form 5330, Excise Tax Return, for            
          either of the years in issue.  Respondent determined that                   
          petitioner was a disqualified person within the meaning of                  
          section 4975(a), that the loans were prohibited transactions                






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