Joseph R. Rollins - Page 30

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          burden of proving that he did not use the Plan’s assets for his             
          own benefit.                                                                
               Our conclusion as to section 4975(c)(1)(D) makes it                    
          unnecessary for us to determine whether the loans also violated             
          section 4975(c)(1)(E).  In particular, we do not decide whether             
          we agree with respondent’s contention on brief that petitioner’s            
          ownership interests in the Borrowers--                                      
               created a conflict of interest between the Plan and the                
               companies, resulting in dividing his loyalties to these                
               entities.  This conflicting interest as a disqualified                 
               person who is a fiduciary brought petitioner within the                
               prohibition against dealing “with the income or assets                 
               of a plan in his own interest or for his own account”.                 
               I.R.C. � 4975(c)(1)(E).                                                
               We note that the regulation on which respondent relies on              
          this issue--section 54.4975-6(a)(5)(i), Pension Excise Tax Regs.-           
          -deals with “the furnishing of office space or a service” and               
          prohibits a fiduciary from causing “a plan to pay an additional             
          fee to such fiduciary* * * to provide a service”, and prohibits             
          an arrangement “whereby such fiduciary * * * will receive                   
          consideration from a third party in connection with such                    
          transaction.”  None of these elements is suggested on the record            
          herein, and so it is not readily apparent that this regulation is           
          relevant to this issue.                                                     
               Also, an analysis of the effect of conflict of interest,               
          without more, as a basis of violation of section 4975(c)(1)(E)              
          should take into account the statutory differences between the              






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