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32. 26 USC 4941
Tue Apr 11, 2023, 11:59 PM
Apr 2023

Okay government officials are disqualified persons. It depends on how Harlan expensed the gifts -- through his company/foundation or personally (doubtful). Also, Thomas never claimed the $500k Ginni received through a foundation, so there's potential liability there -- especially subsection C.
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26 USC 4941: Taxes on self-dealing

(b) Additional taxes
(1) On self-dealer
In any case in which an initial tax is imposed by subsection (a)(1) on an act of self-dealing by a disqualified person with a private foundation and the act is not corrected within the taxable period, there is hereby imposed a tax equal to 200 percent of the amount involved. The tax imposed by this paragraph shall be paid by any disqualified person (other than a foundation manager acting only as such) who participated in the act of self-dealing.

(2) On foundation manager
In any case in which an additional tax is imposed by paragraph (1), if a foundation manager refused to agree to part or all of the correction, there is hereby imposed a tax equal to 50 percent of the amount involved. The tax imposed by this paragraph shall be paid by any foundation manager who refused to agree to part or all of the correction.

(c) Special rules
For purposes of subsections (a) and (b)-

(1) Joint and several liability
If more than one person is liable under any paragraph of subsection (a) or (b) with respect to any one act of self-dealing, all such persons shall be jointly and severally liable under such paragraph with respect to such act.

(2) $20,000 limit for management
With respect to any one act of self-dealing, the maximum amount of the tax imposed by subsection (a)(2) shall not exceed $20,000, and the maximum amount of the tax imposed by subsection (b)(2) shall not exceed $20,000.

(d) Self-dealing
(1) In general
For purposes of this section, the term "self-dealing" means any direct or indirect-

(A) sale or exchange, or leasing, of property between a private foundation and a disqualified person;

(B) lending of money or other extension of credit between a private foundation and a disqualified person;

(C) furnishing of goods, services, or facilities between a private foundation and a disqualified person;

(D) payment of compensation (or payment or reimbursement of expenses) by a private foundation to a disqualified person;

(E) transfer to, or use by or for the benefit of, a disqualified person of the income or assets of a private foundation; and

(F) agreement by a private foundation to make any payment of money or other property to a government official (as defined in section 4946(c)), other than an agreement to employ such individual for any period after the termination of his government service if such individual is terminating his government service within a 90-day period.

Recommendations

0 members have recommended this reply (displayed in chronological order):

I hope so! 2naSalit Apr 2023 #1
The Giver pays the taxes NOT the receiver Farmer-Rick Apr 2023 #17
The IRS on gifts and taxation bucolic_frolic Apr 2023 #2
On bribes markodochartaigh Apr 2023 #15
The IRS will charge Clarence with tax evasion gab13by13 Apr 2023 #3
Are you suggesting gifts are taxable to the recipient? onenote Apr 2023 #12
Oh, thank god Farmer-Rick Apr 2023 #19
I've read the Internal Revenue Service (IRS) has the authority to conduct a criminal investigation ancianita Apr 2023 #18
Gifts up to $16000/yr aren't taxable and donor is responsible for gift taxes under IRS rules wishstar Apr 2023 #4
Also - gifts aren't valued at what they would cost to purchase FBaggins Apr 2023 #7
Gift taxes are paid by the giver, not the recipient FBaggins Apr 2023 #5
Yea. I look at this as bluestarone Apr 2023 #26
Absolutely. RocRizzo55 Apr 2023 #6
And like everyone else, he's not responsible for taxes on gifts he receives. onenote Apr 2023 #11
Up to $16,000 Mysterian Apr 2023 #13
after $16,000 the gift giver pays the tax. There is also a lifetime limit Hamlette Apr 2023 #22
Ooops! My bad Mysterian Apr 2023 #28
Gifts ARE non-income, by definition. Ms. Toad Apr 2023 #33
Right Zeitghost Apr 2023 #34
Right Mysterian Apr 2023 #38
No, my statement is correct. Yours is incorrect. onenote Apr 2023 #25
You're right! Mysterian Apr 2023 #27
I was answering the OP. RocRizzo55 Apr 2023 #14
26 USC 4941 Whatever Whatever Apr 2023 #32
Welcome to DU! KS Toronado Apr 2023 #37
welcome to DU gopiscrap May 2023 #39
Nope. progressoid Apr 2023 #8
There usually is when someone has shady ethics dlk Apr 2023 #9
Which is another reason the republicans are fighting the increase of IRS agents The Jungle 1 Apr 2023 #10
Yup, but if you fail to catch one of their Farmer-Rick Apr 2023 #20
Well what about Ginny's $600k that someone gave her and she dispersed to Proud Boys and used flying_wahini Apr 2023 #16
Yeah, that sounds more like an exchange for services Farmer-Rick Apr 2023 #21
under your theory, if my friend invites me to her house for dinner I'd owe taxes? Hamlette Apr 2023 #23
Clarence Thomas, face a legal penalty? PERISH THE THOUGHT! Paladin Apr 2023 #24
I will not be holding my breath... Chainfire Apr 2023 #29
Not a "gift" but payment for services rendererd. Chainfire Apr 2023 #30
So Thomas wasn't paid for something he did? LiberalFighter Apr 2023 #31
Why no JanLip Apr 2023 #35
This should be a question with a yes or no answer. elocs Apr 2023 #36
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