- 13 - a “prohibited transaction” under section 4975(c)(1)(B), (D), and (E), and none of these loans is exempted from that definition by section 4975(d). Under section 4975(c)(1)(B), the plan’s lending of money to petitioner or to Inland was a “direct or indirect * * * lending of money * * * between a plan and a disqualified person”. Under section 4975(c)(1)(D), each of the three loans also was a “direct or indirect * * * transfer to, or use by or for the benefit of, a disqualified person of the income or assets of a plan”.3 See O’Malley v. Commissioner, 96 T.C. 644, 651-652 (1991), affd. 972 F.2d 150 (7th Cir. 1992). Under section 4975(c)(1)(E), each of the three loans also was a direct or indirect “act by a disqualified person who is a fiduciary whereby he deals with the income or assets of a plan in his own interest or for his own account”. Cf. Greenlee v. Commissioner, T.C. Memo. 1996-378; Gilliam v. Edwards, 492 F. Supp. 1255, 1263 (D.N.J. 1980). Petitioner aims to avoid an application of section 4975(a) by advancing his five assertions set forth above. Petitioner’s reliance on these assertions is misplaced. First, petitioner asserts incorrectly that because each of the three loans was 3 Specifically, the three loans benefited petitioner in that he used the first loan to pay the payroll of his wholly owned corporation Aspects, he caused the second loan to pay his personal car payment, and he caused the third loan to pay the mortgage and payroll taxes on the building owned by a second wholly owned corporation, Inland.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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