- 30 - 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 thePage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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