Frank Gant and Roberta Gant - Page 18

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          1986" because "The evidence presented does not show that                    
          petitioner desired or intended to terminate the plan in 1983."              
          This holding rested primarily upon application of the following             
          facts: (1) Form 5500-R stated that the plan was not terminated in           
          1983; (2) the waiver request indicated that contributions were to           
          resume in 1986 or 1987; (3) notice of termination was not sent to           
          any of the plan participants; and (4) the board's resolution to             
          terminate the plan was not adopted until June 16, 1986.                     
               In this case, Products stated on Form 5500-R for the Money             
          Purchase Plan's June 30, 1988, plan year that the plan was not              
          terminated.  Form 5500-R filed for the Profit Sharing Plan's                
          fiscal 1989 and 1990 plan years also stated that the plan was not           
          terminated.  There is no evidence that Products notified plan               
          participants of its intent to terminate the Money Purchase Plan             
          during the plan year ending on June 30, 1988.                               
               Gant's testimony suggests that he believed participants of             
          the Profit Sharing Plan received some notice of termination in              
          the latter part of calendar year 1988.  At trial, Gant stated on            
          direct examination:                                                         
                    The plans were stopped by the corporation and                     
               everything, and we advised the Pension Services                        
               Corporation to stop the plans at that time.                            
                    At that time they came back, and we got bids and                  
               we bought annuities for all participants of the plan,                  
               with the * * * [exceptions] of ones that wanted to be paid             
               off.                                                                   






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