- 2 - Held, further, P is not liable for the additions to tax determined by R under sec. 6651(a)(1), I.R.C., for failure to file excise tax returns for 1990 through 1996; as of the respective due dates for these returns, a reasonable person could have concluded that the filing of an excise tax return was not required because the transfer was not a prohibited transaction, or, if it was, that it had been corrected. Andrew I. Panken and Robert A. DeVellis, for petitioner. Catherine R. Chastanet, for respondent. MEMORANDUM OPINION LARO, Judge: The parties submitted this case to the Court without trial. See Rule 122. Petitioner petitioned the Court to redetermine respondent's determination of the following deficiencies in Federal excise tax and additions thereto: First-tier Second-tier (initial) deficiency (additional) deficiency Additions to Tax Year Sec. 4975(a) Sec. 4975(b) Sec. 6651(a)(1) 1990 $9,584 --- $2,156 1991 57,500 --- 12,398 1992 57,500 --- 12,398 1993 57,500 --- 12,398 1994 57,500 --- 12,398 1995 57,500 --- 12,398 1996 57,500 $1,150,000 12,398 We decide the following issues: 1. Whether petitioner's transfer of property to his pension plan was a prohibited transaction under section 4975(a). We hold it was.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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