Gideon L. and Corazon P. Medina - Page 7

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          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 did            





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