-21-
As a result, Reorganization Plan section 102(a) provides the
DOL with "all authority" for "regulations, rulings, opinions, and
exemptions under section 4975" subject to specified exceptions,
including the exception that Reorganization Plan section 102(a)
does not grant the DOL authority over section 4975(a) and (b).
The IRS retains control over the enforcement of the section 4975
excise tax. Reorg. Plan secs. 102(a), 105. Pursuant to its
authority to enforce the excise taxes of section 4975(a) and (b),
the IRS made a determination that petitioner participated in a
transaction prohibited under section 4975(c)(1).
Petitioner contends that the DOL has exclusive authority to
make the determination whether a transaction is prohibited under
section 4975(c)(1).12 In enacting section 4975(c)(1), Congress
specifically enumerated six categories of prohibited
transactions. Leib v. Commissioner, 88 T.C. at 1478. This
provides a detailed definition of a prohibited transaction, and
we are satisfied that the IRS, in the exercise of its power to
enforce the excise tax, had authority to determine that
petitioner engaged in such a transaction.
12 In making his argument, petitioner relies on ERISA sec.
502(i), 29 U.S.C. sec. 1132(i) (1988), which provides that the
Secretary of Labor may assess a civil penalty against a party in
interest. While this clearly gives the DOL authority over the
civil penalties for violation of the rules in ERISA against
prohibited transactions, sec. 4975 deals with an excise tax, not
a civil penalty.
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