- 7 - transaction under section 4975(a). According to petitioner, the prohibited transaction rules do not apply to him because he was the only beneficiary of the Plans at the time of the transfer. If he is subject to these rules, petitioner asserts, the transfer was not a "sale or exchange" under the view of this Court as stated in Wood v. Commissioner, 95 T.C. 364 (1990), revd. 955 F.2d 908 (4th Cir. 1992), and Keystone Consol. Indus., Inc. v. Commissioner, T.C. Memo. 1990-628, affd. 951 F.2d 76 (5th Cir. 1992), revd. 508 U.S. 152 (1993). Petitioner recognizes that the Supreme Court disagreed with our view in Commissioner v. Keystone Consol. Indus., Inc., 508 U.S. 152 (1993), but asserts that the Court's decision there applied only to unencumbered property contributed in satisfaction of a funding obligation. Here, petitioner asserts, he transferred unencumbered property to repay a loan. Petitioner asserts that repaying the loan was more beneficial to the Plans than leaving it outstanding. We disagree with petitioner's assertion that he is not subject to the prohibited transaction rules. Nor do we agree with his assertion that the transfer was not a prohibited transaction. We start our inquiry with the relevant text. See Calvert Anesthesia Associates-Pricha Phattiyakul, M.D., P.A. v. Commissioner, 110 T.C. 285, 289 (1998); Venture Funding, Ltd. v. Commissioner, 110 T.C. 236 (1998); Trans CityPage: 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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