Flahertys Arden Bowl, Inc. - Page 5




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          under section 4975(c)(1)(B), and that excise taxes were due under           
          section 4975(a).  Respondent also determined that petitioner                
          failed to file Forms 5330 to report its liability for the excise            
          taxes and that petitioner was liable for the additions to tax               
          under section 6651(a)(1).                                                   
                                     Discussion                                       
          I.  Liability Under Section 4975                                            
               A.  The Statutes                                                       
               Section 4975 was added to the Internal Revenue Code by title           
          II of the Employee Retirement Income Security Act of 1974                   
          (ERISA), Pub. L. 93-406, sec. 2003, 88 Stat. 829, 971.  ERISA was           
          enacted to                                                                  
               protect * * * the interests of participants in employee                
               benefit plans and their beneficiaries, by requiring the                
               disclosure and reporting to participants and beneficiaries             
               of financial and other information with respect thereto, by            
               establishing standards of conduct, responsibility, and                 
               obligation for fiduciaries of employee benefit plans, and by           
               providing for appropriate remedies, sanctions, and ready               
               access to the Federal courts. [ERISA sec. 2(b), 29 U.S.C.              
               sec. 1001(b) (1988).]                                                  
               The statutory framework of ERISA contains four separate                
          titles.  We deal with Titles I and II. Title I of ERISA contains            
          the “labor provisions” codified as amended in 29 U.S.C. secs.               
          1001-1461 (1988).  The labor provisions were designed to give the           
          Department of Labor broad remedial powers over employee benefit             
          plans.  Title II of ERISA contains the “tax provisions” including           
          section 4975.  The tax provisions, contained in the Internal                






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