Joseph R. Rollins - Page 14

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          Petitioner acknowledges that he is a disqualified person with               
          regard to the Plan because he owns Rollins, but he contends that            
          (1) none of the Borrowers was a disqualified person, (2) none of            
          the loans was a transaction between him and the Plan, and (3) he            
          “did not benefit from these loans, either in income or in his own           
          account”.                                                                   
               We agree with respondent’s conclusion as to section                    
          4975(c)(1)(D).                                                              
               Because of our concerns about how the statute should be                
          applied to the evidence of record, our conclusion that all of the           
          opinions relied on by both sides are fairly distinguishable, and            
          the absence of applicable Treasury regulations,8 we first                   
          consider the background of section 4975.                                    
               b.  Background:  Sec. 503 (I.R.C. 1954); Sec. 4941 (TRA ‘69)           
               The Internal Revenue Code of 1954, as originally enacted,              
          provided that if a charitable organization (sec. 501(c)(3)) or a            
          trust which is part of an employees plan (sec. 401(a)) engaged in           
          a prohibited transaction, then the entity lost its section 501(a)           


               7(...continued)                                                        
          the nature of the Plan’s other assets, or (2) either the                    
          magnitude or the timing of the Plan’s obligations.                          
               8 We note that sec. 53.4941(d)-2(f), Private Foundation                
          Excise Tax Regs., interprets sec. 4941(d)(1)(E), which is almost            
          exactly the same as sec. 4975(c)(1)(D).  Neither side cites this            
          regulation for any purpose.  Under the circumstances we do not              
          explore in the instant opinion whether this regulation provides             
          any insight into the meaning of sec. 4975(c)(1)(D).                         




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