Winthrop P. Rockefeller, Appellant/cross v. United States of America, Appellee/cross

Winthrop P. Rockefeller brought this action for the recovery of penalties assessed by the Internal Revenue Service (IRS) under 26 U.S.C. § 4941. In 1975, Rockefeller purchased all of the stock of Winrock Farms, Inc. from the estate of his father. In 1979, the IRS determined that the purchase was an indirect act of self-dealing between Rockefeller and a charitable trust created in his father’s will in violation of section 4941. Rockefeller paid the penalties and interest assessed by the IRS and instituted this action to recover those amounts.

In the district court, 572 F.Supp. 9, Rockefeller…