- 16 - To minimize the need to apply subjective arm’s- length standards, to avoid the temptation to misuse private foundations for noncharitable purposes, to provide a more rational relationship between sanctions and improper acts, and to make it more practical to properly enforce the law, the committee has determined to generally prohibit self-dealing transactions and to provide a variety and graduation of sanctions, as described below. The committee’s decisions generally in accord with the House bill, are based on the belief that the highest fiduciary standards require that self-dealing not be engaged in, rather than that arm’s-length standards be observed. S. Rept. 91-552, 29 (1969), 1969-3 C.B. 443. To the same effect, see H. Rept. 91-413 (Part 1), 21 (1969), 1969-3 C.B. 214; see also TRA ‘69 Blue Book 30-31. As a result, in the Tax Reform Act of 1969, Pub. L. 91-172, 83 Stat. 487 (TRA ‘69), the Congress removed private foundations from the old arm’s-length self-dealing requirements (sec. 101(j)(7) of TRA ‘69) and enacted section 4941 (sec. 101(b) of TRA ‘69, relating to taxes on self-dealing). See H. Rept. 91-413 (Part 1), 21 (1969), 1969-3 C.B. 214; S. Rept. 91-552, 29 (1969), 1969-3 C.B. 443; see also TRA ‘69 Blue Book 31. Section 4941(d)(1) provided the following general definition of self-dealing: SEC. 4941. TAXES ON SELF-DEALING. * * * * * * * (d) Self-Dealing.-- (1) In general.--For purposes of this section, the term “self-dealing” means any direct or indirect--Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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