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that sections 4961(a) and 4963(e)(1) generally allow for the
abatement of a second-tier excise tax if the prohibited
transaction giving rise thereto is corrected within 90 days after
our decision sustaining the tax becomes final. Because the issue
of whether petitioner will or would qualify for an abatement is
not yet ripe for decision, we express no opinion on this issue at
this time.
We turn to the additions to tax respondent determined under
section 6651(a)(1). Respondent determined that petitioner is
liable for these additions to tax because he did not file an
excise tax return for 1996, 1997, 1998, 1999, or 2000.
Petitioner argues that these additions to tax do not apply
because the plan did not have the money to pay its plan
administrator to prepare those returns. We agree with
respondent.
A disqualified person who engages in a prohibited
transaction is required to file an excise tax return for each
taxable year in the taxable period. Secs. 4975(f)(2), 6011; sec.
54.6011-1(b), Pension Excise Tax Regs.; see also Janpol v.
Commissioner, 102 T.C. 499, 500 (1994). Such a person who fails
to do so timely is generally liable under section 6651(a)(1) for
a monthly addition to tax equal to 5 percent of the amount of tax
that should have been shown on the return, up to a maximum charge
of 25 percent. See Janpol v. Commissioner, supra at 500. This
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