-23- Further, the DOL and the IRS have differing roles in the area of prohibited transactions. The DOL's primary function is to protect the rights of workers, while the IRS' primary function is to protect the revenue. Winger's Dept. Store, Inc. v. Commissioner, 82 T.C. 869, 888 (1984); see H. Conf. Rept. 93- 1280, supra at 306, 1974-3 C.B. at 467. Under the labor provisions, a fiduciary is personally liable to the plan for losses attributable to a breach of fiduciary duty, as well as restoring any profits made on the transaction.13 On the other 13 The legislative history of ERISA reflects the congressional understanding that the perspectives of the DOL and IRS are different: The conference substitute establishes rules governing the conduct of plan fiduciaries under the labor laws (title I) and also establishes rules governing the conduct of disqualified persons (who are generally the same people as "parties in interest" under the labor provisions) with respect to the plan under the tax laws (title II). This division corresponds to the basic difference in focus of the two departments. The labor law provisions apply rules and remedies similar to those under traditional trust law to govern the conduct of fiduciaries. The tax law provisions apply an excise tax on disqualified persons who violate the new prohibited transaction rules; this is similar to the approach taken under the present rules against self- dealing that apply to private foundations. The labor provisions deal with the structure of plan administration, provide general standards of conduct for fiduciaries, and make certain specific transactions "prohibited transactions" which plan fiduciaries are not to engage in. The tax provisions include only the prohibited transaction rules and apply only to disqualified person, not fiduciaries * * *. To the maximum extent possible, the prohibited transaction rules are identical in the labor and tax provisions, so they will apply in the same manner to the same (continued...)Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011