- 19 - 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.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011