- 20 - As stated previously, respondent based her determination of prohibited transactions on section 4975(c)(1)(A) and (E). Section 4975(c)(1)(A) defines a prohibited transaction as including any "sale or exchange, or leasing, of any property between a plan[11] and a disqualified person".12 Section 11 A "plan" is defined by sec. 4975(e)(1) to encompass an individual retirement account as described under sec. 408. 12 As applicable to the following discussion, sec. 4975(e)(2) defines a disqualified person as: (A) a fiduciary; * * * * * * * (C) an employer any of whose employees are covered by the plan; (D) an employee organization, any of whose members are covered by the plan; * * * * * * * (G) a corporation, partnership, or trust or estate of which (or in which) 50 percent or more of-- (i) the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of such corporation, (ii) the capital interest or profits interest of such partnership, or (iii) the beneficial interest of such trust or estate, is owned directly or indirectly, or held by persons described in subparagraph (A), (B), (C), (D), or (E); * * * * * * * (H) an officer, director (or an individual having (continued...)Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011