- 26 - 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.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011