- 6 - A prohibited transaction may be 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 may correct the transaction by repaying the principal plus reasonable interest. See Medina v. Commissioner, 112 T.C. 51, 55 (1999). Petitioner’s partial repayment did not correct the transactions. Therefore, the second-tier excise tax is also applicable. II. Preclusion Petitioner contends that, following the criminal and bankruptcy cases, respondent’s determinations “represent double jeopardy”, and “no additional issues should arise.” We disagree. The criminal case, the bankruptcy case, and the company’s section 4971 deficiency do not relate to petitioner’s loans. See United States v. Beaty, 147 F.3d 522 (6th Cir. 1998) (stating that double jeopardy protection applies to successive punishments for the same crime and taxes do not constitute criminal punishment). Consequently, we conclude that petitioner’s contention is meritless, and respondent is not precluded from assessing the deficiencies and additions.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011