- 23 - 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...)Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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