-24- hand, the tax provisions of section 4975 impose a two-tier excise tax on the disqualified person who participated in the prohibited transaction. See Rutland v. Commissioner, 89 T.C. at 1146. Under the Reorganization Plan, the IRS retained its authority to enforce the excise tax of section 4975, and the DOL retained its authority to bring civil actions. Reorg. Plan secs. 104 and 105. Considering the role established in Reorganization Plan sections 102 and 105 and the legislative history, we hold that the DOL does not have sole jurisdiction to determine whether a prohibited transaction occurred. The Code and ERISA provide that the IRS must notify the DOL before issuing the notice of deficiency and afford the DOL an opportunity to comment on the imposition of the tax, but they do not require that the notice of deficiency be based on a the DOL determination that the transaction was a prohibited transaction under section 4975(c)(1)(A). In order to enforce the excise taxes under section 4975(a) and (b), respondent has the authority to determine whether a transaction is a prohibited transaction under section 4975(c)(1) and respondent duly exercised that authority in this case. See Reorg. Plan sec. 102(a)(i) and (ii). 13(...continued) transaction. H. Conf. Rept. 93-1280, at 295-296 (1974), 1974-3 C.B. 415, 456- 457.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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