Edward Clasby and C.T. Garrahan Insurance Agency, Inc. - Page 13




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          control regarding the management or disposition of FUH plan                 
          assets and because his involvement in the daily operations of FUH           
          was minimal.  Petitioner points out that he resigned from the               
          pension committee shortly after it was formed and argues that the           
          committee had exclusive authority and control over the FUH plan.            
               We disagree.  Petitioner had discretionary authority and               
          control over the management of the FUH plan, over the disposition           
          of FUH plan assets, and in the administration of the FUH plan               
          when the prohibited transactions occurred; he need not have                 
          exercised that authority to be a fiduciary of the FUH plan.  Sec.           
          4975(e)(3)(A), (C).                                                         
               During the years at issue, petitioner was at various times             
          vice president or president of FUH, a member of the executive and           
          finance committees of FUH, a trustee of the FUH plan, and,                  
          briefly, president of the pension committee of FUH.  The pension            
          committee reported directly to the executive committee when FUH             
          decided to invest plan assets in the program.  He was also a                
          member of the finance committee when, on July 21, 1982, Walckner            
          sent a memorandum to members of that committee advising them                
          that, unless they opposed the program within 10 days, the FUH               
          plan would go ahead with the investment in the program.                     
          Petitioner thus had a direct role in deciding whether FUH would             
          adopt the program.  He exercised discretionary authority and                
          control regarding management of the FUH plan or disposition of              
          its assets.  Sec. 4975(e)(3)(A).                                            
               Petitioner exercised authority over the FUH plan.  As                  

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