- 20 - Petitioner, the disqualified person, also was not the MPP's sole beneficiary. Because the MPP was not "in a financial position not worse than that in which it would be if the disqualified person were acting under the highest fiduciary standards", see sec. 4975(f)(5), we sustain respondent's determination that petitioner is liable for the second-tier excise tax under section 4975(b). In so doing, we note that sections 4961(a) and 4963(e)(1) generally allow for the abatement of a section 4975(b) second-tier tax if the prohibited transaction giving rise thereto is corrected within 90 days after our decision sustaining the tax becomes final. Because the issue of whether petitioner will or would qualify for an abatement is not yet ripe for decision, we express no opinion on this issue at this time. Turning to the additions to tax determined by respondent under section 6651(a)(1), petitioner argues that these additions do not apply because the law governing a transfer of property to a pension plan in repayment of a loan was uncertain when he transferred the real estate to the MPP, and it is still uncertain today. Respondent agrees that the law governing a transfer of property to a pension plan was uncertain before Commissioner v. Keystone Consol. Indus., Inc., 508 U.S. 152 (1993), but points out that the Commissioner, in recognition of this uncertainty, published rules under which taxpayers couldPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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