- 3 - 2. Whether the prohibited transaction was "corrected" within the meaning of section 4975(b). We hold it was not. 3. Whether petitioner is liable for the additions to tax determined by respondent under section 6651(a)(1) for failure to file Federal excise tax returns. We hold he is not. Unless otherwise noted, section references are to the applicable versions of the Internal Revenue Code. Rule references are to the Tax Court Rules of Practice and Procedure. Dollar amounts are rounded to the nearest dollar. Background Most facts are stipulated. The stipulated facts and exhibits submitted therewith are incorporated herein by this reference. Petitioner resided in Southampton, New York, when he petitioned the Court. He is the president and secretary of Westchester Plastic Surgical Associates, P.C. (Westchester Associates), his wholly owned corporation. Westchester Associates adopted a money purchase plan (the MPP) effective as of January 15, 1972, and it adopted a defined benefit pension plan (the DBP) effective as of November 1, 1976. Both plans (collectively, the Plans) received favorable determination letters from the Internal Revenue Service. Petitioner has been the only trustee of the trusts (the Trusts) associated with the Plans, and, as trustee, he has exercised control over the management and disposition of the Plans' assets.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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