115 T.C. No. 19 UNITED STATES TAX COURT FLAHERTYS ARDEN BOWL, INC., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 15223-98. Filed September 25, 2000. F owns more than 50 percent of the stock of P. F is a beneficiary of two retirement plans held by T. Under the terms of the plans F is authorized to direct the investments of the assets in his accounts in the plans. F is a fiduciary under sec. 4975, I.R.C., and, under that section, P is a “disqualified person”. Sec. 404(c) of the Employee Retirement Income Security Act of 1974 (ERISA), Pub. L. 93-406, 88 Stat. 829, 877, provides that if a plan beneficiary exercises control over the plan’s assets in his account, the beneficiary is not a fiduciary. Held: ERISA sec. 404(c) does not modify the definition of a fiduciary under sec. 4975, I.R.C., and P is liable for the tax imposed by that section.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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