Gideon L. and Corazon P. Medina - Page 5

                                        - 5 -                                         

                                     Discussion                                       
               Section 4975 imposes two tiers of excise taxes on a                    
          prohibited transaction.  The first tier is 5 percent of the                 
          "amount involved" relating to a prohibited transaction for each             
          year, or part thereof, in the "taxable period".  Sec. 4975(a).              
          If the first-tier excise tax applies and the transaction is not             
          corrected within the "taxable period", a 100-percent second-tier            
          tax is imposed on the "amount involved" relating to the                     
          prohibited transaction.  Sec. 4975(b).                                      
          I.   Application of Section 4975 to a Loan Subject to                       
               Section 72(p)                                                          
               The lending of money between a plan and a disqualified                 
          person generally is a prohibited transaction.  See sec.                     
          4975(c)(1)(B).  Respondent determined that petitioners are                  
          disqualified persons who participated in a prohibited transaction           
          (i.e., the loan) and, thus, are liable for section 4975 excise              
          taxes.  Petitioners do not contest respondent's contention that             
          petitioners are disqualified persons.  Petitioners contend,                 
          however, that they did not participate in a prohibited                      
          transaction during the years in issue (i.e., 1991 through 1997)             
          because, pursuant to section 72(p), the loan was a taxable                  
          distribution in an earlier year (i.e., 1986).  As a result,                 
          petitioners contend, section 4975 excise taxes are not                      
          applicable.  Respondent contends that the loan was subject to               





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011