Gaylord W. Greenlee - Page 8

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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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