- 8 - 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 sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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