- 7 - that the prohibited transaction was not "corrected" within the meaning of section 4975. Disqualified persons are subject to the first-tier excise tax only for years, or portions of years, within the "taxable period." Sec. 4975(a). The second-tier excise tax does not apply if the prohibited transaction was corrected within the "taxable period". Sec. 4975(b). The "taxable period" is the period beginning on the date the prohibited transaction occurs (i.e., December 1, 1986) and ending on the earliest of three dates: (1) The date of mailing the notice of deficiency (i.e., June 25, 1997); (2) the date on which the section 4975(a) excise tax is assessed (no assessment has been made); or (3) the date on which correction of the prohibited transaction is completed. Sec. 4975(f)(2). A prohibited transaction is corrected by "undoing the transaction to the extent possible, but in any case placing the plan in a financial position not worse than that in which it would be if the disqualified person were acting under the highest fiduciary standards." Sec. 4975(f)(5). Where the prohibited transaction is the lending of money, the disqualified person corrects the transaction by repaying the principal plus reasonable interest. See Kadivar v. Commissioner, T.C. Memo. 1989-404; sec. 53.4941(e)-1(c)(4), Foundation Excise Tax Regs. Mr. Medina's assignment to the plan of future sales proceeds didPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011