Shedco, Inc. - Page 23

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          forth in Rev. Rul. 69-494, supra,8 and therefore the plan met the           
          exclusive benefit rule.                                                     
               In further support of its contention that the loan did not             
          violate the exclusive benefit rule, petitioner asserts that the             
          loan was not a violation of fiduciary standards--it provided a              
          fair return, left the plan sufficiently liquid to permit                    
          distributions, and embodied safeguards which a prudent investor             
          would expect.  Thus, petitioner contends, Mr. Shedd met the                 
          fiduciary standards of section 404(a)(1),9 of title I of the                

               8  In Rev. Rul. 69-494, 1969-2 C.B. 88, the Commissioner set           
          forth the following four general requirements that must be met              
          before an investment of funds from a qualified plan in employer             
          stock or securities will satisfy the exclusive benefit rule of              
          sec. 401(a):  (1) The cost must not exceed fair market value at             
          the time of purchase; (2) a fair return commensurate with the               
          prevailing rate must be provided; (3) sufficient liquidity must             
          be maintained to permit distributions in accordance with the                
          terms of the plan; and (4) the safeguards and diversity that a              
          prudent investor would adhere to must be present.  Rev. Rul. 73-            
          532, 1973-2 C.B. 128, extended the reasoning of Rev. Rul. 69-494,           
          supra, to investments not involving employer securities.                    
               9  Sec. 404(a)(1) of the Employee Retirement Income Security           
          Act of 1974 (ERISA), Pub. L. 93-406, 88 Stat. 877, provides as              
          follows:                                                                    
                    Sec. 404.(a)(1) Subject to sections 403(c) and (d),               
               4042, and 4044, a fiduciary shall discharge his duties with            
               respect to a plan solely in the interest of the participants           
               and beneficiaries and--                                                
                    (A) for the exclusive purpose of:                                 
                         (i) providing benefits to participants and                   
                    their beneficiaries; and                                          
                         (ii) defraying reasonable expenses of                        
                    administering the plan;                                           
                    (B) with the care, skill, prudence, and diligence                 
                    under the circumstances then prevailing that a prudent            
                                                             (continued...)           


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