Shedco, Inc. - Page 15

                                       - 15 -                                         

          Homes, executed  the Collateral Pool Agreement, wherein the Estes           
          companies agreed to make payments toward specified fixed amounts            
          owed those creditors relating to defaulted loans.  The amount               
          specified for the plan was $1,878,026, representing the remaining           
          principal balance of $1,750,000 plus accrued interest through               
          September 30, 1989.  In furtherance of the Collateral Pool                  
          Agreement, on July 30, 1990, Mr. Estes executed a nonnegotiable             
          promissory note (new note), on behalf of Estes Homes, payable to            
          the plan in the amount of $1,878,026.  The new note was payable             
          on demand, but no later than December 31, 1998, and bore interest           
          on the unpaid principal at a rate of 18 percent.                            
               For plan year ended September 19, 1990, the plan recognized            
          as an asset on its balance sheet the new note, at a value of                
          $809,000.  As of the time of trial, the plan had received                   
          payments pursuant to the Collateral Pool Agreement in an amount             
          somewhat in excess of $200,000.  As of the time of trial,                   
          approximately $1.8 million, including principal and accrued                 
          interest, remained unpaid on the loan.                                      
               Estes Co. filed for protection under the Bankruptcy Code               
          during late 1994 or 1995.  The bankruptcy court ultimately                  
          awarded petitioner $1 for its interest in Estes Co.                         
          Revocation of Qualified Status of the Plan                                  
               During 1991, respondent began an audit of the plan for plan            
          year ended September 19, 1989.  The examination subsequently was            
          expanded to cover plan years ended September 19, 1985 through               



Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011