Joseph R. Rollins - Page 20

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          prohibited transaction between a plan and a disqualified                    
          person.11                                                                   
               The close relationship between the Congress’ reaction to the           
          private foundations problems in TRA ‘69 and the employees plans             
          problems in ERISA ‘74 is evident in (1) the general structures of           
          sections 4941 (private foundations) and 4975 (employees plans)              
          and (2) the identity of many elements of the definitions of                 
          “prohibited transaction” (sec. 4975(c)(1)) and “self-dealing”               
          (sec. 4941(d)(1)).  The opening language of the definitions and             
          many of the elements in the definitions (subpars. (A), (B), (C),            
          and (E) of sec. 4941(d)(1) and subpars. (A), (B), (C), and (D) of           
          sec. 4975(c)(1)) are word-for-word identical.  The ERISA ‘74                
          conference joint statement of managers confirms, at numerous                
          points, the TRA ‘69 private foundations origins of much of                  
          section 4975.  H. Conf. Rept. 93-1280 (1974), 1974-3 C.B. 415:              



               11 Sec. 4975(h) requires respondent to notify the Department           
          of Labor before issuing a notice of deficiency with respect to              
          taxes imposed by sec. 4975(a) or (b).  Our findings include the             
          parties’ stipulations as to two such notifications.  Sec. 4975(i)           
          is a cross-reference to coordination procedures under sec. 3003             
          of ERISA.  Petitioner does not contend that the notification was            
          insufficient or that any action of the Department of Labor under            
          ERISA secs. 406 (relating to prohibited transactions), 408                  
          (relating to exemptions from prohibited transactions), 3003                 
          (relating to procedures in connection with prohibited                       
          transactions), or 3004 (relating to coordination between the                
          Treasury Department and the Labor Department) affects the instant           
          case.  See 29 U.S.C. 1106, 1108, 1203, 1204.  Accordingly, we               
          assume that all requirements as to notification of, and                     
          coordination with, the Labor Department have been complied with.            




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