- 8 - consideration exchanged for the residence included the $250,000 and $135,000 payments and 3 years of rent-free occupancy of the residence. Thus, we need not determine whether petitioner’s transfer of the residence to the Foundation was a contribution, or whether petitioner had donative intent relating to such transaction. Accordingly, petitioner is not liable for any excise tax pursuant to section 4941(a)(1) or (b)(1). Section 6684 imposes a penalty on a person who becomes liable for a chapter 42 excise tax (i.e., such as those imposed by section 4941) where the act or omission was not due to reasonable cause and the person had been previously liable. The penalty is also imposed when the act or omission was both willful and flagrant. Because petitioner is not liable for tax pursuant to chapter 42, petitioner is not liable for this penalty. Contentions we have not addressed are moot, irrelevant, or meritless. To reflect the foregoing, Decision will be entered for petitioner.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011