Robert C. Geib - Page 6




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               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.                                                   










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