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