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SDCooper Company
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18141 Beach Bl. 300
Huntington Beach
California 92648
714-842-1212
866-693-7767

info@ersop.com

Last Update:
27-May-2013


 
INTERNAL REVENUE CODE

Sec. 4975. Tax on Prohibited Transactions
(e) DEFINITIONS.—
  (1) PLAN. For the purposes of this scetion, the term “plan” means—
      (A) a trust described in section 401(a) which forms a part of a plan, or a plan described in section 403(a), which trust of plan is exempt from tax under section 501(a).
      (B) an individual retirement account described in section 408(a),
  (2) DISQAULIFIED PERSON— For purposes of this section, the term “disqualified person” means a person who is—
      (A) a fiduciary;
      (B) a person providing services to the plan;
      (C) an employer any of whose employees are covered by the plan;
      (D) an employee organization any of whose members are covered by the plan
      (E) an owner, direct or indirect, of 50 percent or more of—
            (i) the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of a corporation,
            (ii) the capital interest or the profits interest of a partnership, or
            (iii) the beneficial interest of a trust or unincorporated enterprise, which is an employer or an employee organization described in subparagraph (C) or (D);
      (F) a member of the family (as defined in paragraph (6)) of any individual described in subparagraph (A), (B), (C), or (E);
      (G) a corporation, partnership, or trust or estate of which (or in which) 50 percent or more of—
            (i) the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of such corporation,
            (ii) the capital interest or profits interest of such partnership, or
            (iii) the beneficial interest of such trust or estate,
is owned directly or indirectly, or held by persons described in subparagraph (A), (B), (C), (D), or (E);
      (H) an officer, director (or an individual having powers or responsibilities similar to those of officers or directors), a 10 percent or more shareholder, or a highly compensated employee (earning 10 percent or more of the yearly wages of an employer) of a person described in subparagraph (C), (D), (E), or (G), or
      (I) a 10 percent or more (in capital or profits) partner or joint venturer of a person described in subparagraph (C), (D), (E), or (G). . . .

(6) MEMBER OF FAMILY. For the purposes of paragraph (2)(F), the family of any individual shall include his spouse, ancestor, lineal descendent, and any spouse of a lineal descendent.