Joseph R. Rollins - Page 16

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                    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--                      





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