Shedco, Inc. - Page 26

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          or she must act with the care, skill, prudence, and diligence               
          under the circumstances then prevailing that a prudent investor,            
          acting in like capacity and familiar with such matters, would use           
          in the conduct of an enterprise of a like character and with like           
          aims--were deemed to be coextensive with the exclusive benefit              
          requirements.  Relying on Rev. Rul. 69-494, supra, respondent               
          contends that to satisfy the exclusive benefit rule a plan must             
          invest its funds in a manner which assures a fair return on the             
          investments, provides the plan with sufficient liquidity to meet            
          the needs of the plan, and provides the plan with sufficient                
          diversification and security to guard against risk of loss.                 
          Respondent contends that, in lending 90 percent of the plan's               
          assets to Estes Co., Mr. Shedd did not act prudently, because he            
          failed to diversify plan investments, to secure the loan, and to            
          consult with counsel about the propriety of making the loan.                
               Respondent also maintains that Mr. Shedd had sufficient                
          knowledge and skills to understand that the loan was imprudent              
          particularly in view of his substantial knowledge about lending             
          to real estate developers.  Respondent contends that the loan did           
          not meet basic, commonsense standards for security and                      
          diversification.  Respondent contends further that the Shedds and           
          petitioner had significant financial dealings with Mr. Estes and            
          his related companies and that the relationship between them                
          motivated Mr. Shedd to make the loan.                                       





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