Ralf Zacky - Page 16

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               pure heart are no defense” to liability under section                  
               4975(a).  Leib v. Commissioner, 88 T.C. 1474, 1481                     
               (1987).                                                                
               As to petitioner’s final assertion, petitioner is mistaken             
          in his belief that the period of limitation has expired on an               
          assessment of the excise taxes at issue.  Although an assessment            
          of excise taxes of that type must generally be made within 3                
          years of the date that the relevant return is filed, and more               
          than 3 years have passed from the due date of most of the                   
          relevant returns which were required to be filed for the subject            
          years, an exception applies where, as here, a return is never               
          filed.  Sec. 6501(a), (c).  In a case such as this, the                     
          Commissioner may assess an excise tax at any time.  See sec.                
          6501(c)(3); see also secs. 301.6501(e)-1(c)(4), 301.6501(n)-1,              
          Proced. & Admin. Regs.                                                      
               We conclude that petitioner is a disqualified person who               
          participated in three prohibited transactions by way of the three           
          loans.  We also conclude that he did so other than as a fiduciary           
          acting only as such.  A disqualified person such as petitioner              
          participates in a prohibited transaction under section 4975 by              
          approving the transaction or by receiving its benefit.  O’Malley            
          v. Commissioner, 96 T.C. 644 (1991).  Petitioner’s participation            
          in the three loans other than as a fiduciary is seen from the               
          fact that he approved them for the purpose of receiving their               








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