T.C. Memo. 2004-260 UNITED STATES TAX COURT JOSEPH R. ROLLINS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 598-03. Filed November 15, 2004. P caused the 401(k) plan of his wholly owned company to lend money to three entities in which P owned minority interests. P’s company is the sole trustee of, and the administrator of, the 401(k) plan. P also acted on the part of the borrower entities in agreeing to the loans. 1. Held: Each of the loans was a “prohibited transaction” within the meaning of sec. 4975(c)(1)(D), I.R.C. 1986. P, a disqualified person, is liable for excise taxes under sec. 4975(a) and (b), I.R.C. 1986; amounts to be determined. 2. Held, further, P is liable for additions to tax under sec. 6651(a)(1), I.R.C. 1986, for failure to file excise tax returns; amounts to be determined.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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