- 16 - 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 theirPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011