John W. Madden, Jr., et al. - Page 31

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          fore, we must give appropriate weight to the regulations in                 
          interpreting the statute.  Commissioner v. South Texas Lumber               
          Co., 333 U.S. 496 (1948).                                                   
               We have found no other cases that have analyzed the founda-            
          tion manager excise tax under section 4941(a)(2).  However, the             
          Tax Court analyzed the foundation manager excise tax under                  
          section 4945(a)(2) in Thorne v. Commissioner, 99 T.C. 67 (1992).            
          These statutes were both enacted as part of the chapter 42                  
          reforms of the 1969 Act, and the statutes, as well as the                   
          respective regulations promulgated thereunder, contain nearly               
          identical language.  Thus, the analysis contained in Thorne v.              
          Commissioner, supra, is highly probative in interpreting the                
          excise tax of section 4941(a)(2).  We concluded in Thorne v.                
          Commissioner, supra at 105, that the threshold determination                
          under the knowledge requirement is ascertaining the extent of the           
          taxpayer's factual knowledge concerning the expenditures and not            
          whether the taxpayer actually knew the expenditures were prohib-            
          ited under the statute.                                                     
               The parties have stipulated that the foundation managers               
          were aware both that GMC was a disqualified person vis-a-vis the            
          Museum, and that some transactions between a private foundation             
          and a disqualified person are considered "self-dealing" under               
          section 4941(d).  Further, the parties have agreed that the                 
          foundation managers were aware self-dealing is defined as, inter            
          alia, a direct furnishing of goods, services, or facilities                 




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