Michael Morrissey - Page 3

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               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.           





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