Westchester Plastic Surgical Associates, P.C. - Page 25




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          termination of the Defined Benefit Plan, was contrary to the                
          purpose of ERISA.                                                           
               In Winger's Depart. Store, Inc. v. Commissioner, 82 T.C. 869           
          (1984), the trustees of an employer-sponsored defined benefit               
          pension plan lent a major portion of the trust's assets to the              
          employer, through the employer's sole shareholder, to meet the              
          company's working capital needs.  The loans were unsecured,                 
          interest payments to the trust were delinquent, and most of the             
          principal was not repaid.  The sole shareholder and his spouse              
          were cotrustees of the trust, and most of the benefits under the            
          plan accrued to the sole shareholder.  We found that the trust              
          had not been operated for the exclusive benefit of the employees            
          and their beneficiaries, and we upheld the Commissioner's                   
          determination that the related plan was no longer qualified under           
          section 401(a).                                                             
               In Ada Orthopedic, Inc. v. Commissioner, T.C. Memo. 1994-              
          606, the trustees of an employer-sponsored defined benefit plan             
          lent a substantial portion of the plan's assets through unsecured           
          loans to participants, relatives, and friends of the trustees.              
          Some of the loans were made or extended without written                     
          promissory notes, and principal and interest remained unpaid on             
          some of the loans.  In addition, the trust acquired real property           
          by unrecorded quitclaim deeds without investigating title and               
          subsequently lost that property upon foreclosure of preexisting             





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