- 9 - 4975(c)(1)(D) issue, and we limit our discussion to section 4975(c)(1)(E). Under section 4975(c)(1)(E), a disqualified person engages in a prohibited transaction when, as a fiduciary, he or she "deals with the income or assets of a plan in his [or her] own interest or for his [or her] own account". The regulations provide that "A fiduciary does not engage in an act described in section 4975(c)(1)(E) if the fiduciary does not use any of the authority, control or responsibility which makes such person a fiduciary to cause a plan to [perform the act in question]". Sec. 54.4975-6(a)(5)(ii), Qualified Pension Plan Excise Tax Regs. A fiduciary does not "[deal] with * * * assets of a plan in his [or her] own interest" when he or she absents himself or herself from all consideration of the investment proposal and the trustees make an independent investment decision. See sec. 54.4975-6(a)(6), Example (7), Qualified Pension Plan Excise Tax Regs. The policy behind the enactment of section 4975 was to tax fiduciaries who engage in self-dealing rather than "innocent employees." S. Rept. 93-383, at 95 (1974), 1974-3 C.B. (Supp.) 80, 174. Before the enactment of section 4975, prohibited transactions would lead to the disqualification of a pension plan. Id. at 94, 1974-3 C.B. (Supp.) at 173. ThisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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