Robert C. Geib - Page 4




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          failure to satisfy the minimum funding standard pursuant to                   
          section 412.                                                                  
               In 1994, petitioner was indicted and charged with seven                  
          counts of bankruptcy fraud for unauthorized postpetition (i.e.,               
          after November 2, 1990) transfers of company funds and one count              
          of embezzling, on April 19, 1991, approximately $100,000 from the             
          plan (the criminal case).  On August 22, 1995, petitioner entered             
          into a plea agreement in which he pleaded guilty to three counts              
          of bankruptcy fraud and the embezzlement charge.                              
                                      Discussion                                        
               Respondent determined that the loans were prohibited                     
          transactions pursuant to section 4975.  Petitioner contends that              
          respondent is precluded, pursuant to the Double Jeopardy Clause,              
          see U.S. Const. amend. V, from assessing the deficiencies and                 
          additions.                                                                    
          I.   Excise Taxes                                                             
               Section 4975 imposes two tiers of excise taxes on a                      
          prohibited transaction.  The first tier is 5 percent of the                   
          amount involved in a prohibited transaction for each year, or                 
          part thereof, in the taxable period.  See 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.  See sec. 4975(b).                     








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