- 11 - 94-95 (1973), 1974-3 C.B. (Supp.) 80, 173-174; see also Greenlee v. Commissioner, T.C. Memo. 1996-378. Disqualification penalized employee/plan participants in that they were denied favorable tax consequences such as deferral of taxation. S. Rept. 93-383, supra at 94, 1974-3 C.B. (Supp.) at 173; see also Hamlin Dev. Co. v. Commissioner, T.C. Memo. 1993-89, for a discussion of the favorable tax consequences that flow from a pension plan. The Congress' intent in enacting pension plan legislation has primarily been to protect participants and their beneficiaries by ensuring that plan assets are held for their exclusive benefit. H. Conf. Rept. 93-1280, at 303 (1974), 1974-3 C.B. 415, 464. Petitioner does not contest respondent's determination that petitioner was a disqualified person under section 4975 on the date of the transfer. He was by virtue of his status as the Plans' trustee. See sec. 4975(e)(2)(A) and (3)(A). Nor does petitioner contest respondent's determination that each of the Trusts was a "plan" under section 4975(e)(1). Petitioner's dispute with respondent begins with petitioner's assertion that he is excepted from the prohibited transaction rules because, he contends, he was the only beneficiary of the Plans. We disagree with petitioner that he is excepted from the prohibited transaction rules. He was not the MPP's only beneficiary when he transferred the real estate to it. Even ifPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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