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responsibilities for the plan and the duty to notify
beneficiaries and participants on plan matters. Landry v. Air
Line Pilots Association Intl., 901 F.2d 404, 420 (5th Cir. 1990).
Petitioner is a disqualified person under section
4975(e)(2)(E) because he owned 100 percent of the corporation
sponsoring the pension plan. Petitioner is also a disqualified
person under section 4975(e)(2)(A). The Plan document gives the
plan administrator general administrative duties including the
discretion to interpret plan provisions, provide participants and
beneficiaries with plan information, and dispose of benefit
claims. Since petitioner has discretion to manage the
administrative aspects of the Plan, he is a fiduciary and a
disqualified person. See sec. 4975(e)(2)(A) and (3).
B. "Prohibited Transaction"
Respondent determined that petitioner engaged in a
prohibited transaction under section 4975(c)(1)(D) and (E).
However, in her posttrial briefs, respondent claims only that
petitioner engaged in a prohibited transaction under section
4975(c)(1)(E). Where the Commissioner fails to address an issue
in her opening or reply brief, we may deem that she waived that
issue. See Levert v. Commissioner, T.C. Memo. 1989-333, affd.
without published opinion 956 F.2d 264 (5th Cir. 1992).
Accordingly, we find that respondent conceded the section
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