Gideon L. and Corazon P. Medina - Page 8

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          not result in the repayment of principal or interest.  Therefore,           
          petitioners did not correct the prohibited transaction, and the             
          taxable period ended on June 25, 1997, the date respondent mailed           
          the notice of deficiency.  Accordingly, petitioners are liable              
          for both tiers of section 4975 excise taxes.                                
          III.  Amount Involved                                                       
               Section 4975 excise taxes are imposed on the "amount                   
          involved" relating to the prohibited transaction.  Sec. 4975(a)             
          and (b).  This section states that the "amount involved" is the             
          "greater of the amount of money and the fair market value of the            
          other property given or the amount of money and the fair market             
          value of the other property received".  Sec. 4975(f)(4).  Where             
          the use of money is involved (i.e., a loan), the regulations                
          define the "amount involved" as the "greater of the amount paid             
          for such use or the fair market value of such use".  Sec.                   
          53.4941(e)-1(b)(2)(ii), Foundation Excise Tax Regs.; see also id.           
          subpar. (4), Example (2).  See generally sec. 141.4975-13,                  
          Temporary Excise Tax Regs., 41 Fed. Reg. 32890 (Aug. 5, 1976) and           
          51 Fed. Reg. 16305 (May 2, 1986) (providing that the Foundation             
          Excise Tax Regulations define the term "amount involved" for                
          purposes of section 4975 until permanent regulations under                  
          section 4975 are promulgated).                                              
               Petitioners contend that the "amount involved" relating to a           
          loan is the greater of the interest paid or the fair market                 





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