Michael Morrissey - Page 2

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                    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.                                                                     






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