Michael Morrissey - Page 19

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            benefits as a result of the prohibited transaction.  Id.  The             
            court noted that:  (1) The taxpayers were both the disqualified           
            persons and the ESOP's sole beneficiaries, (2) the prohibited             
            transaction proved highly productive for the ESOP from the                
            beginning, leaving it with assets of far greater value than it            
            would have accumulated from employer contributions alone, and             
            (3) the ESOP purchased extraordinarily valuable property that             
            had a 4-year history of producing royalties in the millions of            
            dollars.  Id.                                                             
                 In contrast with Zabolotny, we are unable to find here               
            that the Plans were in exceptional financial condition, or that           
            a plan beneficiary did not risk losing plan benefits, as a                
            result of the prohibited transaction.  Unlike the transfer in             
            Zabolotny, which left the plan with assets of far greater value           
            than it would have accumulated from employer contributions                
            alone, the transfer here did not increase the assets held by              
            the Plans.  The transfer replaced one asset (an account                   
            receivable) with another asset (real estate), and the asset               
            received by the MPP needed to be sold by it to satisfy its                
            obligation to petitioner (thus resulting in additional plan               
            expenditures).  The Plans also did not receive extraordinarily            
            valuable property that had a solid history of producing income            
            in the millions of dollars, nor did the prohibited transaction            
            prove highly productive for the Plans from the start.                     





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