Neil M. Baizer - Page 22

                                        -22-                                          
               ERISA and the Code provide for interagency communication and           
          coordination between the DOL and the IRS regarding prohibited               
          transactions.  ERISA section 3003(a), 29 U.S.C. section 1203(a)             
          (1988), provides that                                                       
               Unless the Secretary of the Treasury finds that the                    
               collection of a tax is in jeopardy, in carrying out the                
               provisions of section 4975 of Title 26 (relating to tax                
               on prohibited transactions) the Secretary of the                       
               Treasury shall, in accordance with the provisions of                   
               subsection (h) of such section, notify the Secretary of                
               Labor before sending a notice of deficiency with                       
               respect to the tax imposed by subsection (a) or (b) of                 
               such section, and, in accordance with the provisions of                
               subsection (h) of such section, afford the Secretary an                
               opportunity to comment on the imposition of the tax in                 
               any case.                                                              
          A corresponding coordination provision is contained in section              
          4975(h), which requires that before sending a notice of                     
          deficiency, the Secretary of the Treasury must notify the                   
          Secretary of Labor and provide him with a reasonable opportunity            
          to obtain a correction of the prohibited transaction or to                  
          comment on the imposition of the tax.                                       
               In the provisions of section 4975(h) and ERISA section 3003,           
          there is no statement that the DOL must first determine that                
          there was a prohibited transaction before the IRS can determine a           
          section 4975 excise tax.  Rather, the IRS, before sending a                 
          notice of deficiency in section 4975 excise tax, is to notify the           
          DOL and to provide the DOL with an opportunity to correct the               
          prohibited transaction or to comment on the imposition of the               
          tax.                                                                        





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