Michael T. Caracci and Cindy W. Caracci, et al. - Page 57




                                       - 57 -                                         
          Department, Congress enacted section 4958.  See H. Rept. 104-506,           
          supra at 56, 1996-3 C.B. at 104.                                            
               A disqualified person who receives an excess benefit from an           
          excess benefit transaction is liable for an initial excise tax              
          equal to 25 percent of the excess benefit.  Sec. 4958(a)(1).  If            
          the initial tax is imposed and the transaction is not corrected             
          within the taxable period, then the disqualified person is liable           
          for an additional tax of 200 percent of the excess benefit.  Sec.           
          4958(b).                                                                    
               Here, the fair market value of the Sta-Home tax-exempt                 
          entities’ transferred assets far exceeded the consideration paid            
          by the Sta-Home for-profit entities.  Thus, the asset transfers             
          were excess benefit transactions which directly benefited the               
          transferees (i.e., the Sta-Home for-profit entities) and                    
          indirectly benefited the Sta-Home for-profit entities’                      
          shareholders (i.e., the Caracci family members).  Petitioners do            
          not seriously dispute that they are disqualified persons with               
          respect to the Sta-Home tax-exempt entities.  Joyce P. Caracci,             
          Michael Caracci, and Christina C. McQuillen, as directors and               
          officers of each of the three Sta-Home tax-exempt entities, are             
          disqualified persons because they were in positions to exercise             
          substantial influence over the entities’ affairs.  Sec.                     
          4958(f)(1)(A).  Victor Caracci and Vincent Caracci are                      
          disqualified persons because of their familial relationships to             






Page:  Previous  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  Next

Last modified: May 25, 2011