-18-
6651(a)(1) addition to tax.10 We sustain respondent's
determination.
IV. Authority
Reorganization Plan No. 4 of 1978
Seeking to avoid liability for a prohibited transaction
under section 4975, petitioner contends that the Reorganization
Plan No. 4 of 1978 (Reorganization Plan), 3 C.F.R. 332 (1979), 5
U.S.C. app. at 1582 (1994), 92 Stat. 3790 (1978), delegated
exclusive authority to the DOL to determined prohibited
transaction violations and thus prevents the IRS from separately
determining whether a prohibited transaction occurred. According
to petitioner, the IRS has authority under section 4975
"generally only in those circumstances where the Department of
Labor initially has determined the violation to have occurred or
in those circumstances where the Department of Labor has not
undertaken a response."
ERISA was enacted in 1974, setting up an administrative
system for employee benefit plans. ERISA section 2(b), 88 Stat.
829, 833, provides that
the policy of this Act [is] to protect interstate
commerce and the interests of participants in employee
benefit plans and their beneficiaries, by requiring the
disclosure and reporting to participants and
beneficiaries of financial and other information with
respect thereto, by establishing standards of conduct,
10 The only argument that petitioner made was that since no
prohibited transaction occurred, there was no requirement to file
a Form 5330.
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