- 10 - was a disqualified person because Mr. Estes had an indirect ownership interest in Estes Co. through his interest in WE 7 and its interest in Guardian Construction Co., and he also served as a trustee of the plan. Estes Co. agreed to file Forms 5330, Return of Excise Taxes Related to Employee Benefit Plans, pay the excise taxes under section 4975 applicable to the prohibited transactions, and repay the loans. The Loan to Estes Co. From the Plan During 1986 Sometime during 1986, Mr. Shedd approached Mr. Grove, who at the time was executive vice president of Estes Co., and suggested that Estes Co. borrow money from the plan. Subsequently, on December 25, 1986, the plan lent $2,250,000 to Estes Co. (the loan). On behalf of Estes Co., Mr. Grove signed a promissory note relating to the loan dated December 25, 1986 (the note), and payable to Mr. Shedd as trustee of the plan. The note was payable on demand and bore interest on the unpaid balance, payable monthly commencing January 25, 1987, at the rate of seven-eights of 1 percent above the prime rate charged by the Wells Fargo Bank of California (Wells Fargo). The interest rate on the loan on its face was somewhat higher than Estes Co. was paying commercial banks, but the rate nonetheless was slightly advantageous to Estes Co. on an overall basis because the banks charged Estes Co. additional fees which the plan did not charge. The combined effect of the loan's rate of interest and lack ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011