- 5 - During 1991, the Hickman corporation profit-sharing plan was audited (1991 audit) by the Internal Revenue Service (IRS). As a result of that audit, the IRS made the following determina- tions: (1) The 1982 plan loan was a prohibited transaction under section 4975(c)(1)(B) (1982 plan loan prohibited transaction); and (2) the 1985 stock and real property transfer was a prohib- ited transaction under section 4975(c)(1)(A) (1985 stock and real property transfer prohibited transaction). Harold D. Hines (Mr. Hines), an authorized representative of petitioners and the Hickman corporation profit-sharing plan, sent respondent's Appeals Officer who was handling the 1991 audit a letter dated October 18, 1991, which set forth the final resolu- tion of that audit (1991 settlement). The 1991 settlement provided, inter alia, that petitioner was to correct the alleged prohibitive [sic] transactions [the 1982 plan loan prohibited transaction and the 1985 stock and real property transfer prohibited transaction] through repayment of the outstanding loan balance, principal plus interest, and a conveyance of the real property and stock in the Harrah National Bancshares, Inc. from the Profit Sharing Plan to The French Hickman Trust (this Trust is a revocable trust established by F.E. Hickman for estate tax purposes). Attached to the 1991 settlement was, inter alia, peti- tioner's check dated October 4, 1991, payable to the Hickman corporation profit-sharing plan in the amount of $398,027.48, representing payment of the $130,000 principal balance of the 1982 plan loan (1991 principal payment) and interest ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011