Westchester Plastic Surgical Associates, P.C. - Page 23




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          respectively.  This repeated taking of loans from the Defined               
          Benefit Plan and leaving minimal cash balances in the Trust                 
          account was clearly imprudent and contrary to the purpose of                
          ERISA.  The purpose of ERISA was not to establish a tax-exempt              
          pocketbook for Morrissey.                                                   
               Morrissey made no repayments on any of the six loans from              
          the Defined Benefit Plan.  The Form 5500 for the plan year ended            
          October 31, 1990, reports total plan assets of $191,680 as of the           
          beginning of the plan year, including $152,112 in loans to                  
          Morrissey and $646 in cash.  Furthermore, it reports total plan             
          assets of $179,628 as of the end of the plan year, including                
          $137,270 in real estate and mortgages and $2,295 in cash.  The              
          Form 5500 seems to suggest that Morrissey repaid all or part of             
          the $152,112 in loans that he owed to the Defined Benefit Plan              
          with $137,270 in real estate.  However, we previously found that            
          Morrissey transferred his 50-percent interest in two parcels of             
          unencumbered real estate to the Money Purchase Plan and that he             
          never transferred any value to the Defined Benefit Plan to repay            
          his loans from the Defined Benefit Plan assets.  See Morrissey v.           
          Commissioner, T.C. Memo. 1998-443.   Moreover, the administrative           
          record contains no deeds or other evidence that any real estate             
          was transferred to the Defined Benefit Plan.  Consequently, even            
          though the Form 5500 reports that the Defined Benefit Plan holds            







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